Wallace Law FirmFindLaw IM Template2026-07-21T14:06:00Zhttps://www.wallacelawfirm.net/feed/atom/WordPress/wp-content/uploads/sites/1300784/2020/06/cropped-favicon-32x32.pngOn Behalf of Wallace Law Firm<![CDATA[What should you know about property division in Indiana?]]>https://www.wallacelawfirm.net/?p=491312026-07-21T14:06:00Z2026-07-21T14:06:00ZWhy does conflict occur?
Conflict during property division is the result of various things. In some cases, it might be because of the value of an asset, but it’s also possible that the emotional tie to the item is what’s causing a dispute. Even sentimental items like family pictures or keepsakes can lead to contention during the property division process.
Disputes about the source of an asset are also possible. If there isn’t a clear purchase history or if there’s a disagreement about whether marital funds were used to maintain the asset, it can be challenging to determine if it’s a marital asset that needs to be part of the property division process.
What happens to marital debts?
When you’re going through property division, you have to divide more than just assets. You also have to divide marital debts, which can be just as challenging as asset division. One challenge to consider is that creditors aren’t bound by the division, so they can still hold both parties accountable for the debts. This could lead to negative marks on your credit report if your ex doesn’t pay.
The property division process requires careful thought, which may be difficult to do during the divorce. Working with a legal professional familiar with your circumstances may be beneficial, given all that is at stake in this complex process.]]>On Behalf of Wallace Law Firm<![CDATA[Can you covertly end a risky guardianship?]]>https://www.wallacelawfirm.net/?p=491232026-07-06T12:05:39Z2026-07-06T12:05:12ZIf you notice exploitation in a guardianship, your first instinct may be to act quietly. That reaction makes sense, especially when the protected person is scared, dependent or unsure whom to trust.
However, guardianship is a court-created responsibility, meaning you cannot secretly revoke it on your own. The safer path is to document what you see and, when possible, reduce harm. Then, you may ask the court to review the guardian’s conduct.
When can silence protect the person?
Moving carefully matters if the guardian controls money, housing, care or communication. This is because direct confrontation may make things worse. You may need to avoid alerting the guardian before records are preserved. Watch for warning signs such as:
Missing money or withdrawals
Sudden changes to deeds or benefits
Isolation from family or friends
Poor care despite resources
Fearful behavior near the guardian
Keep copies of records, messages, photos, medical notes and any other important evidence. Clear proof can help the court understand why action is needed.
The court has the final say
To remove or replace a guardian, you need to file a petition with the court that created the guardianship. The court may:
Order an investigation
Freeze certain actions
Appoint a temporary guardian
Hold a hearing
If the danger is immediate, emergency relief may be available. That can include asking for limits on the guardian’s authority while the court reviews the facts. You do not need an answer to all the what-ifs before you speak up. All you need is a serious concern that the protected person is being harmed, used or neglected. Exploitation in a guardianship should not be ignored, but it should not be handled in a way that creates more risk. Thorough preparation, well-documented records and legal guidance can help you protect someone who is unable to protect themselves. ]]>On Behalf of Wallace Law Firm<![CDATA[What should you do if police ask to search your property?]]>https://www.wallacelawfirm.net/?p=491222026-06-25T15:45:37Z2026-06-25T15:45:37ZWhen the police ask to search your home, phone, vehicle or other property, it can feel like saying no will make you look guilty or create more problems. However, the decisions you make during those first few minutes can have a significant impact on your rights and any charges you may face.
When officers ask for permission to search your property, you have every right to refuse. Understanding the difference between a request and a legal requirement can help you protect your rights.
Stay calm and find out whether the search is voluntary
If police ask to search your property, remain respectful and avoid arguing. Instead, ask a simple question: “Do you have a warrant?” If officers have a valid warrant, physically interfering with the search can create additional legal issues. It’s worth noting that a warrant is not a blank check for the police to do as they please. Warrants are generally limited in scope, meaning officers must stay within the areas and objectives authorized by the court. Should officers ask to search beyond what a warrant authorizes, only your voluntary consent can make the search legal, and you’re allowed to say no. A clear, polite ‘I don’t consent to this search’ is enough.Don’t resist or interfere if the police choose to continue with the search. It may lead to unnecessary complications. Additionally, the evidence obtained may be inadmissible in court.
Protect your interests
The Fourth Amendment protects you from unreasonable searches, and exercising your rights is not an admission of guilt. Prosecutors cannot use your refusal to consent to a search as substantive evidence that you committed a crime. If your property has been searched or you are facing criminal charges following a search, seeking legal guidance as soon as possible is critical. A careful review of the facts may uncover constitutional violations that could affect what evidence can be used against you.]]>On Behalf of Wallace Law Firm<![CDATA[Why must we wait to divorce in Indiana?]]>https://www.wallacelawfirm.net/?p=491212026-06-19T15:00:36Z2026-06-19T15:00:36ZWhat is the waiting period?
Under Indiana's state requirements, there is a waiting time of 60 days from the date a petition is filed before a judge can finalize the split. This cooling-off period applies even if both parties agree on every detail. The state designed this rule to ensure that divorce is not a hasty decision made in a moment of high stress. It provides a necessary window for emotions to settle so that both individuals can make conscientious choices about their future.
Maintaining stability with temporary orders
Waiting two months can feel like a long time when you are trying to manage a household and care for children. Fortunately, the law allows for provisional orders to keep life running smoothly during this gap. For instance, a judge can issue temporary rules regarding:
Which spouse will remain in the family home
How parents will share time with their children
Who is responsible for paying specific monthly bills
How to handle the use of shared vehicles and property
These temporary measures provide structure and reduce conflict during the mandatory waiting period.
Using the time for meaningful progress
Despite the name, you do not need to sit and just wait during the waiting period. You can use the time for gathering information and negotiating the details of a divorce settlement. Attorneys typically use these 60 days to exchange financial documents and value marital assets like retirement accounts or real estate. You may need to consult with financial professionals, counselors or child custody specialists, which you can do during this time, as well.
By the time the 60 days conclude, many couples find they are better prepared to sign a final agreement. This preparation can turn a potential courtroom battle into a much simpler process. Taking these steps ensures that you move forward with a clear plan for your financial and personal well-being.]]>On Behalf of Wallace Law Firm<![CDATA[The third-party doctrine for cellphone-based evidence]]>https://www.wallacelawfirm.net/?p=491192026-06-10T16:50:15Z2026-06-10T16:50:15ZIn many criminal cases, cellphones can provide a wealth of potential evidence. Police officers may want to search someone's phone and look at their pictures and videos, text messages, internet search history or location data, just to name a few examples.
Generally speaking, officers either need to get consent from the owner of the cellphone, who will then unlock it for them, or they need to get a search warrant. Without a warrant, they are prohibited from forcing the owner to unlock the device.However, the third-party doctrine means that they may also be able to get evidence from other sources.
Shared information
The thing to remember is that a lot of information on a cellphone is voluntarily shared with other parties. Location data may be provided to certain apps. Social media companies may have a record of direct messages or posts. Cloud service companies may back up important pictures and videos.When this information is voluntarily shared with a third party, it can reduce the expectation of privacy. Investigators can often then approach these companies to get the evidence they seek. For instance, even if the owner of a cellphone will not unlock the device and show their direct messages, a social media company may turn over a record of those messages to law enforcement.
Criminal defense options
In the internet age, evidence can be very complex, as can the procedures surrounding the collection of that evidence and the building of a case. Those who are facing charges need to be well aware of their rights and their criminal defense options as they move forward.
]]>On Behalf of Wallace Law Firm<![CDATA[When do parents who share custody deserve makeup time?]]>https://www.wallacelawfirm.net/?p=491182026-05-25T20:30:29Z2026-05-25T20:30:29ZUnexpected cancellations warrant extra time
When unpredictable occurrences, such as illness or sudden overtime at work, interfere with a custody arrangement, one parent may need to cancel the other's time with the children. When that happens, the parent denied that time generally has the right to request an equivalent amount of makeup parenting time.
If the parents can work out an arrangement that they both agree is appropriate, rescheduling the lost time is a simple matter. When there is a disagreement, the parent denied time may need to document the issue.
If cancellations occur frequently, they may be grounds for a modification of the existing custody order. A judge can also enforce the existing order by establishing a formal requirement for makeup parenting time for the sessions previously lost.
Those dealing with interference in their scheduled parenting time may need help understanding their rights and taking appropriate actions in response. Discussing the situation with a child custody attorney can help parents get the makeup parenting time they deserve with their children.]]>On Behalf of Wallace Law Firm<![CDATA[How can you prove you acted in self-defense?]]>https://www.wallacelawfirm.net/?p=491162026-05-14T15:39:53Z2026-05-14T15:39:53ZWhen you’re charged with assault, battery or even homicide, proving that you acted in self-defense can dramatically change the outcome of your case. However, simply saying you were defending yourself is not enough. You need credible evidence showing why your use of force was necessary.
First, it’s important to understand the legal elements of self-defense. In most cases, you must first show that you reasonably believed you were facing an immediate threat of harm. Courts consider whether a reasonable person in the same situation would have believed they were in danger based on factors like:
The aggressor’s actions
Whether weapons were involved
The size or strength difference between the parties
Prior threats or violent behavior
The location of the incident
Beyond that, the level of force you used to defend yourself must be proportionate to the level of threat, not excessive. Lastly, if you provoked the altercation, continued using force after the threat ended or used more force than necessary, your self-defense argument may not hold in court.
Evidence that can help your position
It’s important to present evidence supporting your version of events when arguing self-defense. For instance, surveillance footage, videos or witness testimony can help shed light on what actually transpired during the confrontation. Medical records, photographs of your injuries and defensive wounds can help demonstrate that force was used against you. If you contacted law enforcement immediately after the incident, the 911 call recordings may also strengthen your defense, as they can capture your fear, distress and reaction in real time.
Building a strong defense strategy
Every self-defense claim comes with its own unique facts and challenges. Even when the facts seem clear, arguing self-defense is not as straightforward as it sounds once you enter the courtroom. Prosecutors will scrutinize your actions, challenge your credibility and look for any detail that undermines your justification for using force. Having professional guidance can help you navigate the legal complexities of your case and protect your interests throughout the process.
]]>On Behalf of Wallace Law Firm<![CDATA[What should you expect after a drug arrest in Indiana?]]>https://www.wallacelawfirm.net/?p=491152026-04-30T13:46:35Z2026-04-30T13:46:35ZImmediate consequences following your arrest
After a drug arrest, officers will likely take you into custody. They may book you at a local jail. During booking, officers generally collect your personal information, take fingerprints and photograph you. Officers may hold you until your first court appearance, though bail might be available depending on the charges. The severity of consequences often depends on certain factors. This may include the type of drug, the amount and whether this is your first offense.
Indiana groups drug crimes into two types: misdemeanors and felonies. Misdemeanors range from Class A to Class C. On the other hand, felonies range from Level 1 to Level 6. Level 1 is generally the most severe.
Possession of small amounts might result in lesser charges, while larger quantities or intent to distribute could lead to more severe penalties. You should also expect prosecutors to review the circumstances of your arrest carefully.
Navigating the legal process ahead
The court process typically starts with an initial hearing. At this hearing, prosecutors present the charges. For felony charges, the court will usually enter a "not guilty" plea for you until you obtain an attorney. Throughout the proceedings, you may face decisions about plea agreements or going to trial.
It may also help to prepare for potential consequences beyond criminal penalties. A drug conviction after an arrest could affect your employment opportunities, housing applications and professional licenses.
Some cases might qualify for diversion programs, especially for first-time offenders. However, eligibility for these programs often depends on the local county prosecutor. They are also rarely available for higher-level felony drug charges.
Protecting yourself after an arrest
While the process may feel intimidating, taking your situation seriously could affect how your case unfolds. Making informed decisions and being committed to moving forward could help you protect your future after a drug arrest.]]>On Behalf of Wallace Law Firm<![CDATA[What happens to the family farm in an Indiana divorce?]]>https://www.wallacelawfirm.net/?p=491092026-04-20T15:42:48Z2026-04-20T15:42:48ZWhat makes a family farm different?
Your farm may combine several assets within one operation; the land may hold significant value, but may represent only part of the overall asset. A farm may also include buildings, machinery, vehicles, livestock, crops and income.
You and your household may depend on the farm for income, which can complicate property division because it may affect future earnings and long-term financial stability.
How Indiana courts may view farm property
Courts generally consider all property owned by either spouse when dividing the marital estate, including assets acquired before the marriage and during the marriage. The court then decides what division is fair under the circumstances. In farm cases, courts often ask:
Did you own the land before the marriage?
Did you inherit or receive any portion as a gift?
Did you use marital funds for improvements or debt payments?
Did both spouses work on the farm or help develop the business?
Does the farm involve other family members or business entities?
These details can influence how the court values the property and how it divides the marital estate.
Does the farm need to be sold?
Not always. One spouse may keep the farm while the other receives other assets to balance the division. In some cases, the spouses may arrange a buyout over time. Sometimes they sell only certain equipment or other assets instead of the operation. The result often depends on the farm’s finances and each spouse’s overall circumstances.
Planning for the future of the farm
If you worry about losing the family farm, it may help to gather a clear picture of the property and how it operates. Farm divorce cases often involve deeds, tax returns, loan documents, equipment titles and business records. Those records can help clarify the farm’s value if a dispute arises.
A family farm may reflect years of work, future income and a connection to past generations. Understanding these legal and financial issues can help you assess what may be at stake and what options may remain available.
]]>On Behalf of Wallace Law Firm<![CDATA[When cooperating with police can actually backfire]]>https://www.wallacelawfirm.net/?p=491082026-03-27T15:19:12Z2026-03-30T15:16:16ZWhat does “cooperating” usually involve?
Cooperation may take several forms. You might answer questions, offer explanations, allow a search without a warrant or speak without legal guidance. In the moment, these choices can feel like the right way to show you have nothing to hide, especially under stress.
When cooperation can work against you
Cooperation may seem like the safest path when you want to move things along. At the same time, certain choices can shape how the situation develops in ways that may work against you:
Providing more information than necessary: Your statements can become part of the record, and even small differences in your wording may raise questions.
Consenting to searches: When you allow a search, officers can go beyond the original issue and may find evidence that creates new problems.
Trying to explain behavior: Stress can affect how you speak, and unclear or incomplete statements may carry more weight later.
Speaking without legal guidance: Early conversations can influence the direction of a case before you fully understand how your statements may be used.
These examples do not suggest that cooperation always causes harm. Instead, they show how a well-intended response can backfire and be used to support a case against you.
Why cooperation is not always straightforward
Officers are trained to gather information during every interaction, which means even casual conversations can become part of a formal report. What feels like a simple exchange in the moment may later support a case.
Taking a measured approach does not mean refusing to cooperate. You can remain calm, pause before answering and understand the difference between following instructions and offering extra information.
How early decisions can shape what happens next
Early interactions can shape how a situation unfolds, and small decisions made under pressure can carry lasting effects. When you understand how others may interpret your words and actions, you can move through these encounters with greater awareness.]]>