Divorce Complications In Indiana

Summary

The user is going through a divorce in Indiana. His attorney failed to submit discovery papers, causing a delay in proceedings. The user is financially constrained and is seeking a pro bono attorney. He has tried reaching out to legal aid offices but has been unsuccessful. His wife took his disability back payment after filing for divorce, which he has reported to the court. The user is also concerned about his childrens welfare as they are exposed to inappropriate behavior by his wifes fiancé, his brother. He has reported these incidents to the Department of Child Services.

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Divorce
What state are you currently residing in, ****? This will help me provide the most accurate information regarding divorce laws in your area.
Indiana
What is the main reason for your divorce? This will help me provide you with the most relevant information about divorce laws in Indiana.
I no longer was happy with my marriage. So I told her to file for divorce
What is the current status of your divorce proceedings?
Not sure trying to figure it out had attorney who failed to turn in Discovery so it's caused the divorce to be delayed. And was suppose to do mediation but they $*,* dollars for mediator plus my attorney fees on the day of and I told my attorney that I couldn't afford that much that I'm on a fixed income * percent disabled so I make *,* per month and it just wasn't possible to come up with that much money so I thought attorney took care of it but I think all he did due was withdrew himself from my case instead of figuring out what else we could of done .
Did your attorney provide any alternative solutions or options for mediation given your financial situation?
No
What is the name of the court where your divorce proceedings are taking place?
Green superior court
What is the name of your spouse's attorney?

Green Superior Court, Indiana:
- Address: * Courthouse Square, Greenfield, IN *
- Phone: (*) *-*
No
Do you have any children or shared assets that need to be divided as part of the divorce proceedings?
My attorney failed to turn in my discovery,and they wanted $*,000dollars for mediation and my attorney fees for that day and I'm * percent disabled so I didn't the money I thought my attorney had taken care of it and come up with another solution for that matter however I think all he did was withdraw from my case. Now her attorney are talking about my failure to submit discover has delayed the case *.5 years and I did what I was suppose to do thinking it was already sent in .my case is in Green county Bloomfield In. *
Did you sign any agreement with your attorney regarding the handling of your case?

General Information:
- In Indiana, attorneys have a duty to act in their client's best interest.
- Greene County Courthouse: * E Main St, Bloomfield, IN *, Phone: (*) *-*.
Yes I think so I paid *,* Dollars retainer signed some papers but can't remember really what they was it's been like * to *.5 years since I got my attorney I also took him more money to pay for transcripts from first day I had court I had had attorney for my first hearing
Do you have copies of the papers you signed with your attorney?

General Information:
- It's important to keep copies of all legal documents.
- Greene County Courthouse: * E Main St, Bloomfield, IN *, Phone: (*) *-*.
I'm not sure really I've had so much stress and my wife has done nothing but lie about me causing me to not see my kids for *.5 years they wanted me to have supervised visits but I didn't go because my mother was the one to supervise them and we don't get along and my wife is engaged to my brother and my mom has known about it the entire time so I felt like if I did that I would be admitting that I need supervised and I had my kid anytime all the time before I said I wanted a divorce. And before we was getting a divorce my wife wouldn't allow my mother to even be around my kids because she said she wasn't fit to watch them my wife even went as far as going to the school taken my mother off the pick up and drop off and emergency contact but soon as my wife left she convinced my mom that it was me who never wanted the kids to be around her. I went to my wife's house to try and see my kids and she called police I was trapassed. So trying to get along with my mom I was trying. To sell her a camera that I had that was worth $*,* Dollars for $* dollars just trying to be nice and get along but that was a mistake because she got up saying sign divorce papers and I said if it was worth signing i would as I put on my shoes my mother was whispering just kill me now just kill me now she came to me still saying kill me now kill mr now . She also had knife in hand and hanldle facing me I told her I was recording her with phone she jab at me with knife trying to hit my phone and then my * yr my niece happened to be there I never new she was until then I told her go back in room and mother jabbed at me again when I moved knife went past but she pulled knife back and I new she stabbed me so pushed her away from me and she was arrested and bonded out but they ended. Up dropping charges on her.
Did you report the incident with your mother to the police and do you have any evidence of this incident?

General Information:
- In Indiana, assault with a deadly weapon is a serious crime.
- Greene County Sheriff's Office: * County Road * E, Bloomfield, IN *, Phone: (*) *-*.
Need a probono attorney
What type of legal issue are you currently facing that requires a pro bono attorney?
Divorce
What state are you currently residing in? This will help me provide you with the most accurate information regarding pro bono divorce attorneys in your area.
Indiana
What county in Indiana are you located in? This will help me find the nearest legal aid office for you.
Green county Indiana *
What is the specific issue you're facing in your divorce that requires legal assistance?
I'm out of money I'm * percent disabled
What are the main points of contention in your divorce? This will help me provide you with more specific advice.
My attorney I had didnt turn in my discovery papers and now I'm getting screwed over
What was the deadline for submitting your discovery papers? In Indiana, failure to comply with discovery deadlines can lead to sanctions, including dismissal of the case.
*.5 years ago
What actions have been taken by the court since the missed deadline?

In Indiana, failure to comply with discovery deadlines can lead to sanctions, including dismissal of the case.
Now they are saying I have to sell my home ,pay her attorney fees ,sign over the rites to my children allow her to keep my jeep split whatever money I make from house,and that the $*,* dollars she admitted to taking after she filed the divorce was her half and that the other half of my disabili
What is the current status of your case in court?
Pending
What is the name of the court where your case is pending?
Green co Indiana Superior court
What is the name of your previous attorney who didn't submit your discovery papers?
Wilkinson,Goeller,Modesit, Wilkinson &Dummy,llP attorneys at law
What steps have you taken since discovering your previous attorney didn't submit your discovery papers?

General Information:
- Indiana Rules of Professional Conduct may apply.
- Green County Superior Court: * N Washington St, Bloomfield, IN *, Phone: (*) *-*.
In process of talking to them about it and the court sent me a paper that ask me to admit or deny on several questions. Like I am the father of my children,that after the sale of my home I split all profits with her ,that the *,* dollar she took out of our bank that it was her half of my disability back payment and she took it after divorce was filled and it wasnt her half .
What is your response to the court's questions? It's important to answer truthfully as these responses can significantly impact your case.
Well there are * pages of questions so some are admit and some are deny this question you are asking me there's isn't anyway I can answer your question without you seeing the courts questions
What is the deadline for you to respond to these court's questions?
*-*-*
What is your plan to respond to these questions?

General Information:
- Always respond truthfully to court's questions.
- Green County Superior Court: * N Washington St, Bloomfield, IN *, Phone: (*) *-*.
Answer them truthfully
That's the best approach. Have you considered seeking help from a legal aid office in Indiana? They might be able to provide a pro bono attorney.
Yes I tried one out of Bloomington and they said they couldn't help at this time
Have you tried reaching out to other legal aid offices in Indiana? The Indiana Legal Services might be able to help. Their contact is (*) *-*.
There isn't any that I know of in Indiana in my area
Have you considered reaching out to the Indiana Legal Services? They might be able to provide a pro bono attorney. Their contact is (*) *-*.
I think that is who I did reach out to
Have you tried contacting the Indiana State Bar Association's Pro Bono Program? They might be able to assist you. Their contact number is (*) *-*.
No never heard of that
The Indiana State Bar Association's Pro Bono Program might be able to assist you. Their contact number is (*) *-*.
Ok
Have you considered filing a complaint against your previous attorney for professional misconduct?

General Information:
- Indiana Attorney Disciplinary Commission: * N. Illinois Street, Suite *, Indianapolis, IN *, Phone: (*) *-*.
I don't know anything about something like that or how I would do that
You can file a complaint with the Indiana Attorney Disciplinary Commission. Their contact details are: * N. Illinois Street, Suite *, Indianapolis, IN *, Phone: (*) *-*.
Ok what would that do
Filing a complaint could lead to an investigation into your attorney's conduct. If misconduct is found, they may face disciplinary action.
But how would that help my case
Filing a complaint won't directly affect your case, but it could potentially lead to disciplinary action against your previous attorney for their misconduct.
I'm not concerned with disciplinary action I'm concerned with lossing my home the rite to my children everything I've worked for in my life to be taken sold and I'm going to end up owing a debt to her attorney because they are asking the court that I pay for her attorney fees of *,* dollars witch that is why she took the *,* Dollars from our bank account in the first place and I got proof she took it she admitted taking it on the stand when I questioned her and the judge wanted to know next time In court to the last penny what she used if on I been told that it doesn't matter that we are married my disability back pay is something that was only mine not hers and that she has no legal rite to take it from me
What evidence do you have to prove that the $*,* was your disability back pay and not a joint marital asset?
Because it was deposited into our bank account from disability office and I questioned her on the stand and had bank statements where it was deposited into our joint account and then she withdrew it and that much money she had to go inside to do plus I never had an ATM card from fraud so she was the only one with the ATM card and when she took all of the stuff from the house she hauled out of here she took my check books as well I had to get my mother to go and get the check book from her and I had to give her the bill of. Sale from a golf cart that I got for her dad to get the check book but mainly she admitted it on the stand under oath
What steps have you taken to present this evidence to the court?

General Information:
- In Indiana, disability payments are generally considered separate property.
- Green County Superior Court: * N Washington St, Bloomfield, IN *, Phone: (*) *-*.
It was during COVID so over phone is how we had our first court date and I told the judge that she took it and he made her answer the question because her attorney objected to it when I asked her if she took my back payments of * separate checks from our checking account and she wouldn't say but the judge made her and she admitted that she did and she claims that it was her half of the money but I've been told that no matter what that because we are married she still has know rite to my disability back payment
What is the next step in your court proceedings?
Don't know they are trying to make me look like I'm delaying the divorce cause my attorney never filed the discovery papers . And they are asking I sell my home she keep my jeep and I pay her attorney fees witch I've already paid when she took my back payment for disability she got her attorney and it's been going on now for almost * yrs
What is the current status of your attorney's representation? Are they still representing you or have you terminated their services?
No he dismissed himself from my case
What steps are you planning to take now that your attorney has dismissed himself from your case?
Trying to figure out what I can do
Have you considered hiring a new attorney or seeking help from a legal aid office to guide you through the next steps of your divorce proceedings?
Yes but I am on a fixed income I can't afford another attorney and the probono attorney in Indiana said that they can't help me at this time
Have you considered reaching out to law schools in Indiana? Some law schools offer free legal clinics where law students, supervised by licensed attorneys, provide legal assistance.
Didn't know about that I reached out to the only place I heard of and was denied help.
Which law school did you reach out to for help? Some law schools in Indiana, like Indiana University Maurer School of Law, offer free legal clinics.
I reached out to a place in Bloomington indiana
Was it the Indiana University Maurer School of Law? They have a Community Legal Clinic that might be able to assist you. Their contact number is (*) *-*.
I'm not sure
Can you please confirm if the organization you reached out to was Indiana Legal Services? They are located in Bloomington, Indiana.
No it was in Bloomington is all I can remember online
What is the name of the organization in Bloomington that you reached out to for help?
I can't remember
That's okay. If you need further assistance, you can try reaching out to the Indiana University Maurer School of Law's Community Legal Clinic at (*) *-*.
Is it illegal for my wife to take my disability back payment after filling for a divorce
Did your wife take the disability back payment before or after the divorce was filed? In general, disability payments are considered separate property in Indiana.
After
Have you informed the court about this incident? It's crucial to present all relevant facts to the court.
Yes
What was the court's response when you informed them about this incident?
They wanted to know what she used it on and that the next court date they wanted to know to the last dollar of what she spent it on
What is the date of your next court hearing?

General Information:
- In Indiana, disability payments are generally considered separate property.
- Green County Superior Court: * N Washington St, Bloomfield, IN *, Phone: (*) *-*.
I think October sometime I would have to look it up and. I can't at the moment
What is the nature of the next court hearing? Is it a trial, a status conference, or something else?
Not sure I think final hearing for divorce
What is the date of your final hearing for divorce? It's important to prepare all your evidence and arguments for this hearing.
I'm not sure would have to look it up in October some time
What steps are you taking to prepare for your final hearing? It's crucial to present all relevant facts and evidence to the court.
Talking to you
What evidence do you plan to present at the final hearing? It's crucial to have all relevant documents and facts ready.
I don't know I have some things like my brother who is engaged to my wife has had multiple DCS cases and has failed drug screens for dcs and I have pictures of him smoking pot with my son who was * at the time I have a video of my brother who is engaged to my wife smoking pot with his * yr old daughter and I've been told that there is a video of my brother selling drugs and the court hasn't saw all of this I have a video of my mother stabbing me when I was leaving her house and that is who always has my kids when there not with my wife and brother they are with my mom and my wife allows my * yr old son to run around town all hours of the nite and allows my daughter who is only * yrs old to run around town at * am and now I've been told my daughter is having sex because her mom let's her run the streets with her boyfriend and her other friend
Have you reported these incidents to the Department of Child Services? It's crucial to ensure the safety of your children.
My wifes mother has reported it and I got something in the mail informing me about it and I called them and haven't heard anything back from them
What is the current status of the Department of Child Services' investigation into these incidents?
I have no idea because they haven't got back with me I left a message and waiting to hear from them
They haven't called me yet
When did you last contact the Department of Child Services? It's important to follow up if you haven't heard back in a reasonable time.
A week ago
What was the nature of the information you provided to the Department of Child Services?