Family Law Tip of the Week: Old Practices

By Mag. Kimberly Dean Mattingly, Marion Superior Court

This week is going very retro: taking you back to old practices that have died on the vine and need to be eliminated from your lexicon.
 

1. Requesting mutual restraining orders on assets in DR cases: this has not been available since I was a baby lawyer. Don’t make me say how long ago that was – just stop asking. Some counties have a local rule that grants this relief; Marion County does not. To get an exparte order in Marion County, you must satisfy all of the requirements of TR 65.
2. Orders used to include this language: “In words and figures as follows: H.I.” However, that practice was eliminated over twenty years ago.
3. Settlement Agreements used to have a copy of the the “Marion County Visitation Guidelines” attached. That “title” alone should tell you how dated that is. Please do not attach the IPTG to your agreement, just incorporate them by reference.
4. We cannot speed up a decree because your client has set a date for their next wedding. And, we generally will not bifurcate by issuing a decree and reserving all of the other issues for the future.

 
Due to the Judicial Conference, please do not file motions to continue next week and expect that they’ll be ruled on before Monday, September 18!

Stay tuned for a new tip next week!

If you would like to submit content or write an article for the Family Law Section page, please email Kara Sikorski at ksikorski@indybar.org.