Bernhardt Phillips, LLP Bernhardt Phillips, LLP 2026-07-02T03:31:23Z https://www.bernhardtphillips.com/feed/atom/ WordPress /wp-content/uploads/sites/1104031/2024/09/cropped-BernhardtPhillips_logo_SITE_ICON-32x32.png On Behalf of Bernhardt Phillips, LLP <![CDATA[How are assets divided in an Indiana divorce?]]> https://www.bernhardtphillips.com/?p=257249 2026-07-02T03:31:23Z 2026-07-02T03:31:23Z Indiana uses equitable distribution, not automatic 50/50 division In Indiana, the court starts with the assumption that a 50/50 split is fair. Yet judges can adjust the division based on the facts of your case. This means the final outcome may not be equal, but it must be fair under the law. Before dividing property, the court first classifies assets as marital or separate.

Marital property vs. separate property

Marital property generally includes assets and debts you acquire during the marriage, regardless of whose name appears on the title. This may include:
  • Income earned by either spouse
  • Homes, vehicles, and other property purchased during the marriage
  • Retirement accounts and pensions earned during the marriage
  • Joint bank accounts and investments
  • Debts taken on for household or family purposes
Separate property usually includes assets you owned before the marriage, as well as certain gifts or inheritances you receive individually. In some cases, separate property can become marital if you mix it with marital assets.

Factors courts consider in dividing assets

Once the court identifies marital property, it considers several factors to determine a fair division, including:
  • The length of the marriage
  • Each spouse’s income and earning ability
  • Each spouse’s contributions to the marriage, including homemaking and childcare
  • The economic circumstances of each spouse at the time of divorce
  • Whether either spouse wasted or hid marital assets
These factors help the court decide what constitutes an equitable outcome in your case.

How complex assets are handled

Some assets require additional analysis before division. These may include:
  • Real estate valuations
  • Business interests
  • Retirement accounts requiring legal orders (such as QDROs)
  • Investment portfolios
Proper valuation ensures the court divides assets fairly and accurately.

Why legal guidance matters

Property division in an Indiana divorce can become complicated, especially when significant assets or debts are involved. An experienced Indiana divorce attorney can help you identify marital property, protect your financial interests, and work toward a fair resolution. If you are facing divorce in Indiana, legal guidance can help you understand your rights and make informed decisions about your future.]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[What can you do to help your child cope with your divorce?]]> https://www.bernhardtphillips.com/?p=257245 2026-06-17T14:11:47Z 2026-06-17T14:11:47Z Maintain open and honest communication It might help to explain your separation in a way your child can understand. Consider explaining the divorce in simple language without overwhelming them with adult details or conflicts. Let them know that you still love them and that it is not their fault. Many children blame themselves for their parents’ separation and think they caused the divorce. Remind them often that they are not to blame. Encourage your child to express their feelings and ask questions. Listen without judgment and validate their emotions, even if they seem angry or sad. Creating a safe space for these conversations helps your child process their feelings in healthy ways.

Understand Indiana's parenting time guidelines

Indiana provides parenting time guidelines designed to ensure children maintain meaningful relationships with both parents. Courts generally favor regular contact with both parents unless there is a reason to limit it. Indiana law encourages parents to create their own parenting plans instead of relying on a court schedule. When you and your co-parent work together to create a schedule that fits your child's needs, you demonstrate cooperation that benefits everyone. The guidelines address regular parenting time, holidays, school breaks and special occasions, providing flexibility while ensuring consistency for your child.

Keep routines as consistent as possible

Divorce can make life feel uncertain for your child. Maintaining familiar routines can help your child feel safer and more secure. Try to keep consistent schedules for meals, bedtimes, school activities and time with friends. If you need to make changes to living arrangements, introduce them gradually when possible. It may help to work with your co-parent to keep basic rules and expectations consistent in both homes. When children know what to expect, they feel more secure, even as other aspects of their life change.

Avoid putting your child in the middle of adult conflicts

Your child should never feel like a messenger between you and your former spouse or be asked to choose sides. Do not criticize the other parent in front of your child. Doing so can create stress and make your child feel caught in the middle. Do not use your child to gather information about your ex-partner or their home. Keep adult conflicts and legal matters separate from your interactions with your child. Remember that your child loves both parents and needs to maintain healthy relationships with each of you.

Consider your child's preference appropriately

Indiana courts consider a child's custody preferences as part of the best interests standard, but by law, the court explicitly grants significantly more weight and consideration to the child's wishes if they are at least 14 years old. However, this does not mean you should ask your child to choose between parents or make them feel responsible for custody decisions. The court evaluates the child's wishes as one factor among many, always focusing on the child's best interests. If your child expresses preferences about living arrangements or parenting time, listen respectfully without pressuring them or making them feel guilty. Understand that children's preferences may change over time as they mature and circumstances evolve. Indiana law recognizes that flexibility in parenting arrangements often benefits children as they grow and their needs change.

Helping your child adjust after divorce

The support you provide can make a big difference in how your child handles divorce. By maintaining open communication, respecting parenting time guidelines and shielding them from conflict, you can protect your child from emotional harm and help them adjust to the changes that come with divorce.  ]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[Can a new partner affect your custody case?]]> https://www.bernhardtphillips.com/?p=257243 2026-05-25T10:58:51Z 2026-05-25T10:58:51Z A new relationship can add tension to an already difficult custody situation. One parent may feel judged for moving on, while the other may worry about who now spends time around the child. In Indiana custody disputes, the question is not usually whether a parent has the right to date. The bigger issue is how the new relationship affects the child’s safety, stability and daily life.

Courts look at the child’s best interests

Indiana courts decide custody based on the child’s best interests. That standard can include the child’s adjustment to home, school and community, the child’s relationship with parents, siblings and important people in their life and the mental and physical health of everyone involved. A new partner may matter if that person changes the child’s routine, creates conflict between the parents or raises legitimate safety concerns. For example, a judge may take a closer look if the partner has a relevant criminal history, substance abuse issues, violent behavior or repeated involvement in arguments during exchanges. A new relationship alone does not automatically make someone an unfit parent. The court usually needs facts that connect the relationship to the child’s well-being.

Dating can affect parenting time disputes

Some custody conflicts begin when one parent introduces a partner too quickly or allows that person to take on a parenting role. The other parent may object to overnight stays, discipline, transportation or social media posts involving the child. Parents dealing with child custody issues should focus on specific concerns instead of personal dislikes. “I do not like this person” may carry less weight than “this person yelled at our child,” “this person drinks during parenting time” or “my child feels unsafe in that home.” Documentation can matter. Text messages, parenting app records, school reports, police reports and witness names may help show whether the concern is real or exaggerated.

Do not turn the child into the messenger

A new partner can make co-parenting more emotional, but children should not have to report on a parent’s dating life. Asking a child to spy, repeat adult conversations or choose sides can damage the custody case and the child’s sense of security. When concerns come up, keep communication direct, calm and written when possible. Avoid insults, threats and social media posts about the other household.

Focus on proof, not jealousy

A parent’s new relationship may affect custody when it creates real problems for the child. It may matter far less when the objection comes from hurt feelings, resentment or embarrassment. Before asking for a custody change, identify what has actually changed for the child. Stronger concerns often involve safety, supervision, instability or a pattern of poor judgment. The clearer the facts are, the easier it becomes to decide whether the issue belongs in court or in better co-parenting boundaries.]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[2 FAQ about divorce in Indiana]]> https://www.bernhardtphillips.com/?p=257220 2026-04-27T07:20:24Z 2026-04-27T07:20:24Z What are the legal requirements for filing a divorce in Indiana? Under Indiana divorce law, at least one spouse must have lived in the state for six months and in the county where they plan to file their petition for at least three months. Since Indiana is a ‘no-fault’ state, it is not mandatory for divorcing spouses to include proof of their other half’s wrongdoing. After the county clerk’s office receives the petition, the filing spouse must give their partner a copy of the divorce papers and a summons. The summons is a document that the court creates to inform the receiving spouse about the divorce filing. Upon receipt of this notice, they will have a limited period to file an official response with the court.

How do courts divide marital property?

In Indiana, the courts determine decisions on property division using the legal concept of equitable distribution. Under this principle, the judge will seek to divide the couple’s marital property in a just and fair manner. During this process, the judge will review several key elements of the couple’s marriage, including each spouse’s:
  • Age and health
  • Work incomes
  • Homemaking contributions
  • Earning capacities
  • Economic circumstances
  • Length of marriage
Alternatively, if the couple can discuss all key matters of their divorce amicably, they may work on a formal negotiation with each other and their lawyers. In this procedure, the couple will enter a negotiation phase with a mediator, who can help them discuss the terms of their separation fairly. By learning about Indiana’s divorce laws and legal processes, individuals can collaborate with a lawyer who can help them produce a strategy that can protect their rights, goals and financial interests.]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[Emergency custody orders after an arrest in Indiana]]> https://www.bernhardtphillips.com/?p=257207 2026-03-17T13:23:19Z 2026-03-17T13:23:19Z When police arrest a parent, child custody arrangements can change quickly. Indiana courts focus on protecting a child’s safety and stability. If an arrest raises serious concerns about a child’s well-being, a judge may act quickly. He may issue an emergency custody order to protect the child right away.

What is an emergency custody order?

An emergency custody order is a short-term court decision that changes who cares for a child. Under the law, a judge may grant this order if an unreasonable risk of harm threatens the child’s physical health or emotional development. People often call these ex parte orders. It means a judge can sign them quickly, sometimes without the arrested parent present. However, Indiana law sets a high standard for these orders. The person requesting the order must prove that immediate and irreparable injury will occur if the court does not act right away.

Does an arrest change custody?

An arrest alone does not automatically change custody. For a judge to act, the other parent or a legal guardian usually must file a formal Emergency Petition for Custody with the court. A judge then reviews the specific facts to decide whether the arrest creates a real risk to the child. Key factors include:
  • Whether the alleged crime involved violence or child abuse.
  • Whether the child was present during the incident.
  • Whether the parent is currently in jail and cannot provide care.
  • Whether substance abuse issues affect the parent's ability to keep the child safe.
These factors help the judge understand the level of risk. The court focuses on whether the child needs immediate protection.

What happens after a judge signs the order?

Emergency orders are only the first step. Because these orders affect a parent's fundamental rights, the law requires the court to schedule a hearing as soon as possible. At this hearing, both parents have the right to present evidence and testimony. The judge then decides whether the temporary order should stay in place, cancel the order or make a permanent modification of custody. The final decision always depends on what arrangement serves the best interests of the child.]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[Brooke Bernhardt and Zach Phillips Named to 2026 Indiana Rising Stars List]]> https://www.bernhardtphillips.com/?p=257196 2026-02-19T17:45:13Z 2026-02-16T12:34:53Z Brooke Bernhardt and Zach Phillips, have earned selection for inclusion on the 2026 Indiana Rising Stars list for their work in family law. This recognition highlights their dedication to providing sophisticated legal representation to clients throughout Indianapolis, Marion County, Hamilton County and Hendricks County. The selection process for Indiana Rising Stars relies on peer nominations to identify top legal talent. Because of this, the honor validates what our clients already know. Brooke and Zach are highly skilled advocates who focus on efficient results and professional integrity. Furthermore, while Brooke Bernhardt is a first-year selectee, our firm’s founder, Zach Phillips, has also earned previous selection to the Indiana Super Lawyers list. This reflects the high caliber of advocacy our entire team provides.

A Commitment to the Indianapolis Community

Our firm operates out of the historic Coca-Cola building in the Bottleworks District. This office features original tile work paired with modern architecture. Consequently, the space reflects our firm’s identity: a respect for tradition matched by a modern, efficient approach to the law. Brooke, Zach and the entire team focuses on building sincere client relationships. We understand that high-net-worth individuals facing legal transitions require a reputable partner. Therefore, Brooke and Zach’s approach is rooted in transparency. They remain upfront about expectations and utilize a fee structure that is fair and never padded. This commitment ensures our clients receive elite service with maximum efficiency.

Comprehensive Legal Solutions for Complex Lives

As a premier Indianapolis firm, we recognize that family law often intersects with other legal areas. Brooke and Zach’s inclusion on the 2026 Indiana Rising Stars list underscores their experience navigating these complexities. Our services include:
  • Family Law: We handle all facets of domestic relations. This includes contested divorce, high-asset property division, child support, custody, adoptions and guardianships.
  • Criminal Defense: We represent clients in state-level criminal matters such as OWI/DUI or reckless driving. Specifically, we address how these charges impact parental rights.
  • Estate and Probate: Our team assists families with probate matters and estate administration disputes to protect valuable assets.
By integrating these diverse practice areas, we provide a holistic strategy for every challenge a family may encounter.

Efficiency Meets Excellence

At Bernhardt Phillips, LLP, we do not believe in dragging out litigation. Instead, we use our courtroom experience to reach cost-effective resolutions as quickly as possible. Whether you are navigating a high-stakes divorce or seeking a protective order, Brooke and Zach ensure your voice is heard. They protect your interests throughout the entire legal process. We congratulate Brooke and Zach on their selection to the 2026 Indiana Rising Stars list. We look forward to their continued success in serving the families of Indiana. Are you seeking a partner to help navigate a sensitive family law or estate matter? Contact us today to schedule a free consultation at our Bottleworks District office: Bernhardt Phillips, LLP 850 Massachusetts Ave, Suite 200 Indianapolis, IN 46202 (317) 648-2060]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[What should you know about property division in Indiana?]]> https://www.bernhardtphillips.com/?p=257186 2026-01-27T18:24:10Z 2026-01-27T18:24:10Z People who are going through a divorce have a lot of decisions to make, some of which revolve around the assets and debts they acquired during the marriage. Property division is often one of the most contentious aspects of ending a marriage.  In Indiana, property is divided according to what is equitable. This means that it’s based on what is fair instead of what is equal. What’s equal is sometimes the starting point in these divorces, but that doesn’t mean that it’s how things will end up. 

What is considered marital property?

Marital property is anything that came into the marriage with someone, was acquired during the marriage or was acquired jointly between spouses. There are some exceptions to this, such as property that’s covered by a prenuptial agreement or property acquired before marriage that wasn’t ever comingled with other marital assets. In some cases, inheritances may also be an exception from marital property. 

How is property divided?

Property can be divided through a variety of methods, including mediation or litigation. While many people focus on dividing assets, they must also determine what’s going to happen to debts. Balancing these out can take time, but it’s often beneficial if this can be done through mutually agreeable methods. If the court has to step in, the length of the marriage, contributions to the household and earning capacity may be considered during the property division process. 

What else should you consider?

Another factor that some people don’t consider is how property division may impact their creditworthiness. Even though debts are divided between spouses, the credit issuers don’t have to abide by the court order. Instead, they can continue to hold both parties accountable for balances. Because of this, it’s often best to pay off debts during property division if possible, because if your ex doesn’t pay their assigned debts, it can have a negative impact on your credit.  Every aspect of property division must be considered carefully. Working with someone familiar with these matters may be beneficial so that they can go over the options with you. This will allow you to make decisions that are in your best interests. ]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[What happens when divorcing couples fight over their dogs?]]> https://www.bernhardtphillips.com/?p=257180 2025-12-21T23:35:51Z 2025-12-21T23:35:51Z The courts don't arrange shared pet custody Many people think of their pets as their children or as extensions of their family. Their deep affection for their animals is admirable, but the law does not recognize the pet as part of the family. Pets are property owned jointly by the spouses in most cases. Therefore, family law judges do not spend time developing shared pet custody arrangements. Instead, they treat the pet as part of the marital estate. A judge settling a pet-related dispute decides who keeps the pet. They likely assign an economic value to the animal and then factor that value into other property division choices they make for the family. Spouses preparing for divorce need to understand the reality of how the courts handle pet-related disputes so that they do not incur unnecessary expenses seeking terms that the courts are unlikely to grant. Some couples can eventually reach arrangements that allow them to share time with their pets. Other times, one spouse keeps the pet, while the other has to let go of their connection to the animal. Pet owners may need to consider their current and likely future lifestyles carefully when deciding if they can care for the family pet after the divorce. Discussing property division priorities with a skilled legal team, including concerns about companion animals, can be beneficial for those on the cusp of divorce. Even though pets may feel like part of the family, addressing them is part of the property division process rather than a different type of custody proceeding.]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[Healthy co-parenting starts with a solid parenting plan]]> https://www.bernhardtphillips.com/?p=257174 2025-11-21T02:54:23Z 2025-11-21T02:54:23Z Healthy co-parenting does not happen by accident. It grows out of intentional decisions, clear expectations and a shared commitment to creating stability for a child after separation or divorce.  One of the most effective tools for setting that foundation is a solid parenting plan. When parents take the time to spell out schedules, responsibilities and communication methods, they reduce the chances of conflict and give their child a consistent, predictable routine. A detailed, enforceable plan can help both households work together rather than against each other, even when emotions are still settling. A parenting plan’s strength lies in its clarity. Without written agreements, small misunderstandings can escalate into arguments. Parents may have different interpretations of what “reasonable notice” or “flexible scheduling” means. A thorough plan eliminates this ambiguity by outlining weekday routines, weekend rotation, holiday time, school breaks and transportation arrangements. When both parents know exactly where a child will be and who is responsible for pickups and drop-offs, stress decreases for everyone involved. Children feel more secure when the adults in their lives are steady and organized. Healthy co-parenting also depends on good communication, and a well-crafted plan supports that aim. Parenting plans can include guidelines for how parents exchange information—whether through shared apps, text messages or weekly check-ins. Establishing expectations around communication reduces misinterpretations and limits unnecessary contact during tense periods.  A parenting plan can also anticipate future challenges. Children grow, activities change and school demands shift. A thoughtful plan includes provisions for modifying the schedule as needed, making room for extracurricular activities and addressing issues like medical decisions, travel approvals or digital device use. By agreeing to a process for making adjustments, parents can more effectively avoid turning every change into a major negotiation. 

The bottom line

Even in high-conflict situations, a strong plan acts as a safety net, reducing opportunities for disagreement and giving parents something reliable to follow. A skilled legal team can help parents create a detailed, realistic parenting plan that fits their unique circumstances. With clear expectations from the start, co-parenting becomes less stressful, more predictable and far healthier for the child at the center.]]> On Behalf of Bernhardt Phillips, LLP <![CDATA[6 steps to legally adjust your child support payments]]> https://www.bernhardtphillips.com/?p=257163 2025-10-16T05:52:26Z 2025-10-16T05:52:26Z Life changes, and your child support order may need to be adjusted accordingly. Your income might shift, your child’s needs may grow or custody arrangements could change. In these situations, your current order might no longer be fair. Adjusting child support legally ensures that payments remain reasonable and prioritize your child’s needs. Here are six key steps to modify your child support payments in Indiana.

1. Assess your current situation to see why changes are needed

Start by reviewing your current child support order. Identify what has changed. This could include a job loss, fewer work hours, higher medical bills or changes in parenting time. Knowing exactly what has shifted gives you a clear starting point for requesting a modification.

2. Gather documents to show the court why a change is needed

Courts need proof when reviewing modifications. Collect pay stubs, tax returns, medical bills, school or childcare receipts and any records showing new or increased expenses for your child. Clear and organized documents help the court understand why a support change is fair.

3. Understand Indiana guidelines so you know what to expect

Child support rules differ by state. In Indiana, courts consider both parents’ income and the child’s needs when deciding payments. Learning these rules gives you a realistic idea of what a fair adjustment might look like.

4. Talk with the other parent to reduce conflict

Whenever possible, discuss your situation with the other parent. Open communication can prevent misunderstandings and make the process smoother. Even if you reach an agreement, the court must approve it to make it official.

5. File a petition to make your request official

To adjust child support legally, file a petition with the court that issued the original order. Include your documents and explain the changes affecting your payments. The court will review your request and decide if a modification is fair.

6. Attend the court hearing to present your case clearly

The court may schedule a hearing to review your petition. Bring your documents, explain your changes clearly and answer the judge’s questions. After reviewing everything, the judge will decide whether a modification is appropriate. These actions set the stage for a smoother adjustment procedure.

Protect your child’s best interests with the right support

Adjusting to changes in your child’s financial needs can feel overwhelming. But having the right support makes the process more manageable. Always consult a family law attorney in Indiana for guidance. Legal counsel protects your rights and ensures your child’s best interests remain the priority.]]>