# McNeelyLaw LLP --- ## Pages - [HOA Law](https://www.mcneelylaw.com/hoa-law/): When it comes to choosing a lawyer, experience matters. At McNeelyLaw LLP, our Indianapolis death care attorneys have handled countless cases over the years and can offer a level of expertise that only comes from years of practice. We'll compassionately handle your death care case. - [Estate Planning](https://www.mcneelylaw.com/estate-planning/): Estate planning services by McNeelyLaw LLP: Customized strategies for asset management, trusts, wills, and more. Call us today to ensure your family's future. - [Schedule Online
Family Law](https://www.mcneelylaw.com/book-family-law/): Schedule an appointment online with our family law attorneys. - [Divorce](https://www.mcneelylaw.com/family-law-attorneys/divorce/): Divorce is one of the most emotionally taxing experiences a family can go through. You need to work with a Greensburg divorce attorney who can ensure your best interests are upheld each stage of the process. Call McNeelyLaw LLP to begin. - [Child Custody](https://www.mcneelylaw.com/family-law-attorneys/child-custody/): When you're in a child custody dispite, turn to an Indianapolis custody lawyer at McNeelyLaw LLP. We understand the emotional undertones that these cases often carry and strive to provide solutions that prioritize our clients' welfare and long-term peace. - [Property Division](https://www.mcneelylaw.com/family-law-attorneys/property-division/): Property division can be a complicated divorce matter, so you need McNeelyLaw LLP at your side. We take the time to get to know each of our clients, so we can better understand their unique situation and provide them with the best possible legal advice. Call our Franklin property division attorney now. - [Child Support](https://www.mcneelylaw.com/family-law-attorneys/child-support/): As a parent, you want to ensure your child is provided for after you divorce your spouse. Child support payments can ensure your child has what he or she needs for a successful future. Call a Greensburg child support attorney right away. - [Divorce Process](https://www.mcneelylaw.com/family-law-attorneys/divorce/divorce-process/): As you prepare for a divorce in Indiana, you should know what to expect. Our Rushville divorce lawyer is available to review your case: call McNeelyLaw LLP. - [Reviews](https://www.mcneelylaw.com/reviews/): McNeelyLaw LLP has successfully liigated cases across many practice areas in Indiana. Contact our Greenwood divorce attorney for a consultation. - [Thank you](https://www.mcneelylaw.com/thank-you/): Thank you for contacting our Indianapolis visitation attorney at McNeelyLaw LLP. We pride ourselves on delivering personalized legal representation that is tailored to the unique needs and goals of each client and look forward to serving you. - [Accessibility Notifications](https://www.mcneelylaw.com/accessibility/): At McNeelyLaw LLP, our experienced attorneys provide compassionate and reliable legal guidance to Indiana clients in 21 areas of law. Our family law practice focuses on helping you pursue the results you need. Contact us today for a consultation. - [About](https://www.mcneelylaw.com/about/): Need an experienced family law attorney in Shelbyville, Indiana? Look no further than the experts at McNeelyLaw LLP. Our full service legal team provides reliable guidance and representation to help you pursue the best results for your case. Get in touch today for a free consultation! - [News & Events](https://www.mcneelylaw.com/newsroom/): McNeelyLaw LLP provides unwavering support when you're facing a challenging time. Call our Rushville child support lawyers for a consultation. - [Home](https://www.mcneelylaw.com/): We understand that legal matters can be stressful and complicated, which is why we strive to be approachable, friendly, and professional at all times. We are committed to treating you with the dignity, respect, and fairness that you deserve. Our Indianapolis divorce attorneys are here to help you protect your future and secure the results you need. - [Payments](https://www.mcneelylaw.com/payments/): If you are ready to pay your attorney fees, please visit this page or call our Franklin divorce lawyers if you need assistance. - [Disclaimers](https://www.mcneelylaw.com/disclaimers/): McNeelyLaw LLP works closely with clients to achieve their desired results. Please read our disclaimer here before calling our Indianapolis divorce lawyer. - [Subrogation](https://www.mcneelylaw.com/subrogation-attorneys/): The lititgation team at McNeelyLaw LLP are prepared to help you with your legal matter. Call our Indianapolis subrogation lawyers to review your case. - [Business Law](https://www.mcneelylaw.com/business-attorneys/): Handling a business law matter requires an experienced legal representative to guide you through your options. McNeelyLaw LLP advises on matters of OSHA compliance, drafting and reviewing contracts, intellectual property protection, and dispute resolution, among others. Call our Greenwood business lawyer to begin. - [Corporate & Business Law](https://www.mcneelylaw.com/corporate-business-litigation-attorneys/): At McNeelyLaw LLP, we understand that navigating the legal system can be challenging. That’s why we’ve assembled a team of experienced Indianapolis corporate law attorneys who are passionate about helping our clients. Contact us to begin. - [Family Law](https://www.mcneelylaw.com/family-law-attorneys/): At McNeelyLaw LLP, our experience in family law is extensive and allows us to provide empathetic and comprehensive support during challenging times, be it divorce cases, child custody battles, or other family-related conflicts. Call our Indianapolis family law attorney to schedule a consultation. - [Attorneys](https://www.mcneelylaw.com/attorneys/): At McNeelyLaw LLP, our Shelbyville divorce attorneys are not only experienced and professional, but they are also friendly and approachable. We understand that dealing with a legal matter can be overwhelming, which is why we pride ourselves on providing our clients with a personalized approach. Meet our lawyers at a consultation. - [Construction](https://www.mcneelylaw.com/construction-attorneys/): Construction often requires legal intervention to settle disputes and avoid costly litigation. McNeelyLaw LLP assists clients with government contracts, bond claims, contract negotiation and many other issues. Discuss your case with us at a consultation. - [Intellectual Property](https://www.mcneelylaw.com/intellectual-property-attorneys/): Intellectual property matters can be confusing. When you choose McNeelyLaw LLP, you can rest assured that you are in good hands. Our Greenwood intellectual property attorneys have a proven track record of success, and we are dedicated to providing our clients with the best possible outcome for their legal matter. - [Government & Municipal](https://www.mcneelylaw.com/government-municipal-law-attorneys/): We understand that legal matters can be stressful and overwhelming, and we're here to provide you with the support and guidance you need to navigate the process successfully. Call our Indianapolis government law attorney to review your case. - [Bankruptcy](https://www.mcneelylaw.com/bankruptcy-attorneys/): As dedicated legal practitioners in Indiana, McNeelyLaw LLP brings a nuanced understanding of various legal areas to serve our clients effectively. Contact our Shelbyville bankruptcy lawyers to discuss your case. - [Criminal Defense](https://www.mcneelylaw.com/criminal-attorneys/): Our Greenwood criminal defense attorneys at McNeelyLaw LLP understand the gravity of the situation faced by our clients. Every step of the way, we act with tenacity and rigor, meticulously analyzing each case to ensure that we can mount a robust and strategic defense. Call today for a case evaluation. - [Employment & Labor](https://www.mcneelylaw.com/employment-labor-attorneys/): Our Indianapolis employment attorneys are fully committed to helping our clients secure the best possible results in their legal matters. Whether it’s through skillful negotiation or aggressive representation, we work tirelessly to protect your rights and ensure your future success. - [Workers' Compensation](https://www.mcneelylaw.com/workers-compensation-attorneys/): Injuries on the job can leave you bed-bound for weeks and unable to work. You may be entitled to compensation to support you while you heal. Call a Shelbyville workers compensation lawyer at McNeelyLaw LLP. - [Appellate Litigation](https://www.mcneelylaw.com/appellate-attorneys/): Get reliable legal guidance from the experienced attorneys at McNeelyLaw LLP. We provide comprehensive family law services to help our clients pursue the results they need. Our compassionate and determined team provides quality representation for Indiana residents in 21 areas of law. - [Real Estate](https://www.mcneelylaw.com/real-estate-attorneys/): If you are looking for an experienced Indiana attorney who is ready to help you with your real estate matter, look no further than McNeelyLaw LLP. Our Shelbyville real estate attorneys can assist with every stage of the process. - [Elder Law](https://www.mcneelylaw.com/elder-law-attorneys/): Planning for the future can be challenging. Our Shelbyville elder law attorneys are knowledgeable, skilled, and dedicated to providing guidance in estate-related matters. Call today for a consultation. - [Insurance Defense & Coverage](https://www.mcneelylaw.com/insurance-attorneys/): Insurance disputes can be incredibly stressful. Let our Shelbyville insurance attorneys represent your best interests. Call McNeelyLaw LLP to begin. - [Contact Us](https://www.mcneelylaw.com/contact-us/): If you are faced with a complicated legal matter, McNeelyLaw LLP is prepared to help you explore possible solutions. Contact our firm today for a consultation with a Franklin custody attorney. - [Faber Publications](https://www.mcneelylaw.com/faber-publications/): McNeelyLaw LLP has appeared in media, interviews and legal publications where we share our expertise. Contact a skilled Franklin divorce attorney for a consultation. - [Death Care Services](https://www.mcneelylaw.com/death-care-services-attorneys/): When it comes to choosing a lawyer, experience matters. At McNeelyLaw LLP, our Indianapolis death care attorneys have handled countless cases over the years and can offer a level of expertise that only comes from years of practice. We'll compassionately handle your death care case. - [Mediation](https://www.mcneelylaw.com/mediation/): Turn to McNeelyLaw LLP when you need a reliable mediator in your case. We understand that legal matters can be both time-consuming and stressful, which is why our team of Shelbyille mediation attorneys is always prepared to help you navigate through the legal process with ease. Call today to get in touch. - [Marsh Publications](https://www.mcneelylaw.com/marsh-publications/): Whether you are facing a divorce, a criminal case, or a family law issue, our Franklin visitation attorneys have the experience and knowledge needed to help you achieve the best possible outcome. Explore our Marsh publications here. - [Civil Litigation](https://www.mcneelylaw.com/civil-litigation-attorneys/): Civil litigation can be complicated: McNeelyLaw LLP is here to support you. We are driven by a duty to uphold our clients' rights and work relentlessly to ensure fair treatment throughout the process. Call our Indianapolis - [Certified Mediators](https://www.mcneelylaw.com/book-mediation/): Mediation is sometimes recommended when settling a heated family law matter. Contact McNeelyLaw LLP to talk to a Greenwood family law mediator. - [Tax](https://www.mcneelylaw.com/tax-attorneys/): Tax law can involve complex matters that require a skilled Shelbyville tax attorney who can guide you through your case. Contact McNeelyLaw LLP for a consultation. - [Healthcare](https://www.mcneelylaw.com/healthcare-attorneys/): Healthcare professionals in need of legal representation can turn to our experienced Shelbyville healthcare attorneys for guidance. Whatever your legal needs may be, we're here to help. Contact McNeelyLaw LLP today to schedule a consultation and learn more about how we can assist you with your legal matter. - [Expert Testimony](https://www.mcneelylaw.com/expert/): Many legal matters need litigation to achieve a suitable outcome. Defense matters are best handled by a skilled Indianapolis criminal defense lawyer who can provide an expert testimony in your favor. Call McNeelyLaw LLP for a case review. - [Community](https://www.mcneelylaw.com/community/): McNeelyLaw LLP is dedicated to serving our community as their trusted Rushville family law attorneys. Contact our firm to discuss your legal matter. - [Our Services](https://www.mcneelylaw.com/our-services/): McNeelyLaw LLP is a team of experienced Shelbyville family law attorneys who are ready to assist you with your legal matter. Our attorneys have a wealth of knowledge in a broad range of legal services, including divorce, family law matters, criminal cases, and more. --- ## Posts - [OVWI and Sentencing](https://www.mcneelylaw.com/ovwi-and-sentencing/): What is commonly referred to as a DUI (driving under the influence) is actually known under Indiana law as an... - [Bankruptcy Chapter 7 vs. Chapter 13: Which Is Right for You in Indiana?](https://www.mcneelylaw.com/bankruptcy-chapter-7-vs-chapter-13-which-is-right-for-you-in-indiana/): Filing for bankruptcy can feel overwhelming, but understanding your options is the first step toward financial recovery. If you’re struggling... - [Who Gets the Pet in an Indiana Divorce?](https://www.mcneelylaw.com/who-gets-the-pet-in-an-indiana-divorce/): In divorce proceedings, determining which party retains possession of the family pet can be highly contentious. Despite the emotional connection... - [Indiana Landlord-Tenant Law: Security Deposits](https://www.mcneelylaw.com/indiana-landlord-tenant-law-security-deposits/): A security deposit is a returnable sum of money that tenants pay to landlords or their representatives in advance of... - [Share of Spouse](https://www.mcneelylaw.com/share-of-spouse/): When someone dies without a will, they are said to have died intestate. Intestacy laws govern who is entitled to... - [Public Intoxication](https://www.mcneelylaw.com/public-intoxication/): Under Indiana Code Section 7. 1-5-1-3, it is considered a Class B misdemeanor for a person to be in a... - [Why Every Hoosier Should Consider a Trust](https://www.mcneelylaw.com/why-every-hoosier-should-consider-a-trust/): Trusts are powerful estate planning tools that offer significant benefits for individuals and families in Indiana, regardless of the size... - [Summer Parenting Time](https://www.mcneelylaw.com/summer-parenting-time-2/): In divorces involving children or in paternity actions, the Court will issue an order to parents outlining parenting time, which... - [Fishers and Carmel Take Action to Limit Single-Family Rentals in Local Neighborhoods](https://www.mcneelylaw.com/fishers-and-carmel-take-action-to-limit-single-family-rentals-in-local-neighborhoods/): Fishers and Carmel are making headlines with new measures to limit the number of single-family homes that can be rented... - [Gift Inheritance Tax](https://www.mcneelylaw.com/gift-inheritance-tax/): Gifts Generally, gifts are excluded from one’s taxable income. For example, if a mother earns $100,000 in a year and... - [Robocalls – What to know about these telemarketing tools](https://www.mcneelylaw.com/robocalls-what-to-know-about-these-telemarketing-tools/): These days, everyone is familiar with dreaded telemarketing calls. A robocall is a type of telemarketing tool that plays an... - [Passport Denial Program for Nonpayment of Child Support](https://www.mcneelylaw.com/passport-denial-program-for-nonpayment-of-child-support/): There are several programs in place to encourage parents to keep up with their child support payments. The Passport Denial... - [House Bill 1008 – Redrawing Indiana and Illinois state boundaries?](https://www.mcneelylaw.com/house-bill-1008-redrawing-indiana-and-illinois-state-boundaries/): Indiana House Bill 1008 has passed its final legislative step and is headed to the desk of Indiana’s Governor Mike... - [Indiana Agriculture Fence Law](https://www.mcneelylaw.com/indiana-agriculture-fence-law/): Indiana laws on agricultural fencing can be found in Indiana Code § 32-26-9-1, et seq. This post will discuss the... - [Understanding the Passport Notice Requirements for Divorced Parents in Indiana](https://www.mcneelylaw.com/understanding-the-passport-notice-requirements-for-divorced-parents-in-indiana/): Divorce brings many changes, especially for parents navigating custody and international travel with children. In Indiana, there are specific legal... - [Recording Calls: What is the law?](https://www.mcneelylaw.com/recording-calls-what-is-the-law/): Recording Calls: What is the law? Indiana is considered a “one-party consent” state. (IC 35-31. 5-2-176). This means that it... - [What is the new Apple iOS feature?](https://www.mcneelylaw.com/what-is-the-new-apple-ios-feature/): What is the new Apple iOS feature? Apple launched a new feature in a recent software update that allows users... - [Forming Your Own LLC in Indiana](https://www.mcneelylaw.com/forming-your-own-llc-in-indiana/): Are you considering starting a business in Indiana? Forming a Limited Liability Company (“LLC”) can be an excellent choice for... - [Police Searches of Cars](https://www.mcneelylaw.com/police-searches-of-cars/): The constitution created a federal protection against unreasonable searches and seizures being conducted without a search warrant. However, not every... - [Title Endorsements and Title Objections: What to Know when Purchasing Real Estate](https://www.mcneelylaw.com/title-endorsements-and-title-objections-what-to-know-when-purchasing-real-estate/): Endorsements A title confirms that you legally own property and gives you the right to sell that property. When a... - [Can Fishers Put a Cap on Rental Homes in Subdivisions?](https://www.mcneelylaw.com/can-fishers-put-a-cap-on-rental-homes-in-subdivisions/): The city of Fishers, Indiana is currently attempting to restrict how many homes in a subdivision can be rental units... - [What is a non-competition clause?](https://www.mcneelylaw.com/what-is-a-non-competition-clause/): More commonly referred to as “non-compete,” this type of provision includes an agreement in which one party promises not to... - [Zoning and HOA Regulations](https://www.mcneelylaw.com/zoning-and-hoa-regulations/): Purchasing a home can be both exciting and stressful; you might envision improvements and additions to customize a home to... - [General Overview of Indiana Cemetery Law](https://www.mcneelylaw.com/general-overview-of-indiana-cemetery-law/): Rules pertaining to cemetery associations in Indiana can primarily be found in the Indiana Code. In this post we will... - [Understanding Indemnification Provisions](https://www.mcneelylaw.com/understanding-indemnification-provisions/): Indemnification provisions are crucial components of many contracts, serving as powerful tools for risk allocation between the parties. These clauses,... - [Indiana Cottage Food Laws](https://www.mcneelylaw.com/indiana-cottage-food-laws/): Many states regulate the sale of homemade foods, also known as “cottage foods. ” These regulations are often regarded as... - [Keeping Business Entity Info Updated with State](https://www.mcneelylaw.com/keeping-business-entity-info-updated-with-state/): Do you have a business that it registered in Indiana? If so, it is important for your business to keep... - [Contracts: Void versus Voidable](https://www.mcneelylaw.com/contracts-void-versus-voidable/): A contract is an agreement between two or more parties creating obligations that are enforceable by law. In short, a... - [Drone Usage State and Federal Laws](https://www.mcneelylaw.com/drone-usage-state-and-federal-laws/): Drones continue to increase in popularity, both for recreational users and for commercial purposes. Often referred to as unmanned aerial... - [Medical debt impacting your credit reports?](https://www.mcneelylaw.com/medical-debt-impacting-your-credit-reports/): On January 7th, the Consumer Financial Protection Bureau (CFPB) voted to implement a rule which would impact what kinds of... - [The Legal Implications of AI in Business Decisions Making](https://www.mcneelylaw.com/the-legal-implications-of-ai-in-business-decisions-making/): Artificial Intelligence (AI) is revolutionizing the way businesses operate and make decisions. However, this technological advancement can come with a... - [Online Terms and Conditions and Assent](https://www.mcneelylaw.com/online-terms-and-conditions-and-assent/): Websites will often put terms and conditions of use in locations that are not necessarily obvious to find for the... - [Foreclosure Process and Debtor's Rights](https://www.mcneelylaw.com/foreclosure-process-and-debtors-rights/): Foreclosure is a stressful process for anyone, but if a lender is foreclosing against you make sure you know your... - [NIL Basics for Prospective Student-Athletes in Indiana](https://www.mcneelylaw.com/nil-basics-for-prospective-student-athletes-in-indiana/): Name, Image, and Likeness (“NIL”) is still a very new and complex issue in college sports today. There have been... - [Tax Increment Financing](https://www.mcneelylaw.com/tax-increment-financing/): Tax Increment Financing (TIF) is a powerful financing tool that is used to fund economic development and promote investment in... - [Family Burial Lots](https://www.mcneelylaw.com/family-burial-lots/): The death of a family member is never easy, and in these times, other family members often seek to maintain... - [Governor Mike Braun’s Recent Executive Orders and their Implications for Indiana Businesses and State Operations](https://www.mcneelylaw.com/governor-mike-brauns-recent-executive-orders-and-their-implications-for-indiana-businesses-and-state-operations/): Indiana Governor Mike Braun has signed 19 executive orders shorty after taking office. These orders implement some changes to state... - [Trespassers, licensees, and invitees… What’s the difference? Part 2](https://www.mcneelylaw.com/trespassers-licensees-and-invitees-whats-the-difference-part-2/): Licensees are the second of three distinct types of entrants recognized under Indiana law. This post will discuss the definition... - [Community Associations and the Corporate Transparency Act](https://www.mcneelylaw.com/community-associations-and-the-corporate-transparency-act/): The Corporate Transparency Act (the “CTA”) went into effect on January 1, 2024, and was enacted to promote greater transparency... - [Delta-8 THC, legal status and risks in Indiana](https://www.mcneelylaw.com/delta-8-thc-legal-status-and-risks-in-indiana/): Many gas stations, convenience stores, and other places have been selling Delta-8 THC products for some time now in Indiana,... - [Trespassers, licensees, and invitees… What’s the difference?](https://www.mcneelylaw.com/trespassers-licensees-and-invitees-whats-the-difference/): In Indiana, a landowner’s duty to an entrant on their property is subject to a distinction between trespassers, licensees, and... - [Indiana Laws Taking Effect January 1st](https://www.mcneelylaw.com/indiana-laws-taking-effect-january-1st/): With a new year comes new legislation. On January 1, 2025, three changes in Indiana law will take effect. Here’s... - [The Risks of Using Outdated Contract Templates](https://www.mcneelylaw.com/the-risks-of-using-outdated-contract-templates/): In the fast-paced world of business, efficiency often takes priority. While it is tempting to reuse an old contract template... - [Title Insurance Endorsements and Title Objections](https://www.mcneelylaw.com/title-insurance-endorsements-and-title-objections/): A title to real property confirms that you legally own a specific piece of real property and gives you the... - [Protections when applying for a loan](https://www.mcneelylaw.com/protections-when-applying-for-a-loan/): Interested in learning more about your protections when applying for a loan? Read our blog about it here: Applying for... - [Indiana Water Law – What is the common enemy doctrine?](https://www.mcneelylaw.com/indiana-water-law-what-is-the-common-enemy-doctrine/): The common enemy doctrine is a rule under Indiana law providing that surface water is a common enemy and each... - [Protecting your Intellectual Property](https://www.mcneelylaw.com/protecting-your-intellectual-property/): Intellectual property (IP) refers to creations of the mind such as inventions, literary and artistic works, designs, symbols, names, and... - [How GDPR and Other Data Privacy Laws Impact American Businesses](https://www.mcneelylaw.com/how-gdpr-and-other-data-privacy-laws-impact-american-businesses/): In today’s digital age, data privacy has become a significant focus for governments, businesses, and individuals worldwide. With increased awareness... - [Title-less Boats and Other Watercraft](https://www.mcneelylaw.com/title-less-boats-and-other-watercraft/): Indiana requires that owners of most types of boats and other watercraft obtain a certificate of title. If a title... - [Alternative Dispute Resolution Options in Indiana](https://www.mcneelylaw.com/alternative-dispute-resolution-options-in-indiana/): Legal disputes can be stressful, time-consuming, and costly. However, Indiana residents and businesses have an effective option that bypasses the... - [Grandparent Visitation](https://www.mcneelylaw.com/grandparent-visitation-2/): Obtaining grandparent visitation can be challenging, but recently there have been some changes in Indiana case law to help grandparents... - [Tenancy by the Entirety in Indiana](https://www.mcneelylaw.com/tenancy-by-the-entirety-in-indiana/): The final type of co-tenancy in Indiana is tenancy by the entirety (“TBE”). A TBE can only occur when the... - [Joint Tenancy in Indiana](https://www.mcneelylaw.com/joint-tenancy-in-indiana/): Like tenancy in common, joint tenancy (“JT”) is also a widely used instrument for co-ownership throughout the United States. And... - [Tenancy in Common in Indiana](https://www.mcneelylaw.com/tenancy-in-common-in-indiana/): Tenancy in common (“TIC”) is a widely used instrument for land ownership throughout the United States, but each state that... - [Federal Protections for Voters with Disabilities](https://www.mcneelylaw.com/federal-protections-for-voters-with-disabilities/): Election day is just around the corner. Voting at a local polling place is largely considered one of the most... - [Understanding the Family and Medical Leave Act: Employer Responsibilities](https://www.mcneelylaw.com/understanding-the-family-and-medical-leave-act-employer-responsibilities/): The Family and Medical Leave Act (“FMLA”) is a fundamental of employment law that protects employees by allowing them to... - [From Corn Mazes to Court Cases: Navigating Agritourism Liability in Indiana](https://www.mcneelylaw.com/from-corn-mazes-to-court-cases-navigating-agritourism-liability-in-indiana/): There’s much fun to be had on the farms across Indiana. But what happens when that fun turns to misfortune?... - [Property Rights in Digital Assets: More Than Just Ones and Zeros](https://www.mcneelylaw.com/property-rights-in-digital-assets-more-than-just-ones-and-zeros/): In Indiana, digital assets are subject to property laws, much like traditional forms of personal property. Digital assets are a... - [Federal Trade Commission Ban on Noncompetes](https://www.mcneelylaw.com/federal-trade-commission-ban-on-noncompetes/): On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule to promote competition by banning noncompete agreements... - [Navigating a Personal Injury Lawsuit in Indiana](https://www.mcneelylaw.com/navigating-a-personal-injury-lawsuit-in-indiana/): Introduction Suffering a personal injury can be a traumatic experience, leaving you with physical, emotional, and financial burdens. If you... - [Attorney-Client Privilege: What It Means For You](https://www.mcneelylaw.com/attorney-client-privilege-what-it-means-for-you/): Attorney-client privilege is a concept that most non-lawyers have heard of. It comes up often on Law & Order and... - [Bailment in Indiana Law](https://www.mcneelylaw.com/bailment-in-indiana-law/): Although many people may be unfamiliar with the term “bailment,” almost everyone has been a party to a bailment at... - [What is an Invoice?](https://www.mcneelylaw.com/what-is-an-invoice/): Your business protection plan starts with the language on your invoices. Invoices are documents used to itemize and record transactions... - [Community Associations and Corporate Transparency Act](https://www.mcneelylaw.com/community-associations-and-corporate-transparency-act/): The Corporate Transparency Act (the “CTA”) went into effect on January 1, 2024, and was enacted to promote greater transparency... - [Defenses to Product Liability Lawsuits in Indiana and Understanding the IPLA Provisions](https://www.mcneelylaw.com/defenses-to-product-liability-lawsuits-in-indiana-and-understanding-the-ipla-provisions/): Product liability lawsuits can have significant consequences for manufacturers and sellers in Indiana. When faced with such claims, defendants may... - [7-Year Civil Forfeiture Battle](https://www.mcneelylaw.com/7-year-civil-forfeiture-battle/): Introduction In Indiana, civil forfeiture is a legal mechanism by which the state can seize private property from citizens when... - [Can A Waiver Keep You from Suing for an Injury?](https://www.mcneelylaw.com/can-a-waiver-keep-you-from-suing-for-an-injury/): Liability waivers are a fixture of participation in many activities, as they are often required to get on a ride... - [The Importance of Umbrella Insurance for Indiana Business Owners](https://www.mcneelylaw.com/the-importance-of-umbrella-insurance-for-indiana-business-owners/): Introduction As a business owner in the state of Indiana, it’s crucial to navigate the legal landscape with care and... - [Navigating Bankruptcy in Indiana: Chapter 7 vs. Chapter 13](https://www.mcneelylaw.com/navigating-bankruptcy-in-indiana-chapter-7-vs-chapter-13/): As of September 2023, it was estimated that the United States saw a 13% increase in bankruptcy filings. While bankruptcy... - [Agricultural Solar Leases](https://www.mcneelylaw.com/agricultural-solar-leases-2/): To first understand what a solar lease is, it is important to understand what a solar farm is. A solar... - [Understanding the Legal Landscape of Video Game Emulation](https://www.mcneelylaw.com/understanding-the-legal-landscape-of-video-game-emulation/): Emulation, which allows one computer system to replicate the functions of another, has recently become an essential tool in preserving... - [How Will My Child Support Be Determined?](https://www.mcneelylaw.com/how-will-my-child-support-be-determined/): Discover how child support is determined in Indiana and ensure your child's needs are met. Contact McNeelyLaw LLP for family law guidance today. - [Do I need an Attorney for Small Claims Court?](https://www.mcneelylaw.com/do-i-need-an-attorney-for-small-claims-court/): Well, you decided to listen to your friend, the one that told you about Small Claims court. You’ve gone through... - [What To Do About a Speeding Ticket?](https://www.mcneelylaw.com/what-to-do-about-a-speeding-ticket/): Getting pulled over for speeding is an event that every driver dreads. Speeding tickets can result in fines in addition... - [Junk Titles versus Salvage Titles: The Difference and What It Means for You](https://www.mcneelylaw.com/junk-titles-versus-salvage-titles-the-difference-and-what-it-means-for-you/): So, your cousin wants to give you their old “beater” vehicle because they are upgrading to a new car soon.... - [Legal Separation in Indiana](https://www.mcneelylaw.com/legal-separation-in-indiana/): A legal separation allows for spouses to physically and financially separate for up to one year, during which a couple... - [Indiana's Cottage Food Vending Laws](https://www.mcneelylaw.com/indianas-cottage-food-vending-laws/): Indiana is known for its local food scene, with many residents participating in farmer’s markets and roadside stands. If you’re... - [Who Owns AI-Generated Works?](https://www.mcneelylaw.com/who-owns-ai-generated-works/): As artificial intelligence (“AI”) becomes an ever more significant part of everyone’s life, it is already raising important legal questions,... - [When Do You Qualify for an Expungement in Indiana?](https://www.mcneelylaw.com/when-do-you-qualify-for-an-expungement-in-indiana/): Depending on the level of a conviction, an individual may qualify for an expungement as quickly as 60 days following... - [What Is a Zoning Ordinance Violation and What to Do When You Receive One](https://www.mcneelylaw.com/what-is-a-zoning-ordinance-violation-and-what-to-do-when-you-receive-one/): A Zoning Ordinance is a rule that defines how property in certain geographic zones can be used. A Zoning Ordinance... - [Understanding Indiana’s Lemon Law](https://www.mcneelylaw.com/understanding-indianas-lemon-law/): Purchasing a vehicle is a significant investment and the last thing any car owner wants is to end up with... - [Storing Sensitive Data Digitally](https://www.mcneelylaw.com/storing-sensitive-data-digitally/): In today’s current digital landscape, storing data securely is more critical than ever before. Regardless of whether you’re managing client... - [Choosing Outside Counsel](https://www.mcneelylaw.com/choosing-outside-counsel/): Choosing the right outside counsel is an extremely important decision. The primary reason to seek outside counsel is to hire... - [Indiana Small Claims Court – What You Need to Know](https://www.mcneelylaw.com/indiana-small-claims-court-what-you-need-to-know/): You’ve got an issue with your significant other. You know, the one whose phone you are paying for? 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Call today and let McNeelyLaw LLP help you navigate your divorce confidently. - [How Remote Work Can Impact Your Business](https://www.mcneelylaw.com/how-remote-work-can-impact-your-business/): The impact of the pandemic can still be seen globally across differing industries. One of the major aspects of living... - [Can a Child Choose Who They Want to Live With?](https://www.mcneelylaw.com/can-a-child-choose-who-they-want-to-live-with/): Learn about the role of a child's preference in your child custody case with insight from McNeelyLaw LLP. Call today to learn more. - [Alcoholic Beverages for Carry-Out](https://www.mcneelylaw.com/alcoholic-beverages-for-carry-out/): On July 1, 2024, there will be a bundle of new laws that become effective in Indiana. 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In Indiana, these matters are handled by family law attorneys who specialize in cases involving marriage, child custody, adoption, divorce, and other related topics. Contact a Shelbyville family law attorney at McNeelyLaw to discuss your rights and options in more detail. --- # # Detailed Content ## Pages > When it comes to choosing a lawyer, experience matters. At McNeelyLaw LLP, our Indianapolis death care attorneys have handled countless cases over the years and can offer a level of expertise that only comes from years of practice. We'll compassionately handle your death care case. - Published: 2024-08-26 - Modified: 2024-09-05 - URL: https://www.mcneelylaw.com/hoa-law/ The attorneys of McNeelyLaw have been representing clients in community associations for decades. Our Indiana HOA attorneys represent a variety of community associations across a broad range of matters, from forming an association to collections, covenant enforcement and more. We offer a variety of Indiana HOA legal services, including, but not limited to: Assessment and fee collection; Association formation; Covenants enforcement; Drafting and amending covenants and bylaws; General advising; Litigation; Meeting assistance; and Rules and regulations. No matter your Indiana HOA attorney needs, McNeelyLaw has a team of experienced attorneys to help. Contact us today to discuss your association needs. --- > Estate planning services by McNeelyLaw LLP: Customized strategies for asset management, trusts, wills, and more. Call us today to ensure your family's future. - Published: 2024-07-17 - Modified: 2024-07-29 - URL: https://www.mcneelylaw.com/estate-planning/ Estate planning is a crucial step in arranging your assets to make sure they're allocated according to your desires after you're gone. At McNeelyLaw LLP, we've helped countless clients draft thorough estate plans that safeguard their futures, providing customized strategies tailored to their distinct needs and goals. The Importance of Estate Planning A well-crafted estate plan gives you peace of mind by ensuring your wishes are honored and your family is taken care of. It includes various legal tools and documents addressing financial, healthcare, and personal decisions. By proactively planning your estate, you can avoid potential conflicts, reduce taxes, and ensure a smoother transition of your assets. Our Estate Planning Services At McNeelyLaw, we offer a wide range of estate planning services designed to fit your specific requirements. Our seasoned attorneys walk you through every step to ensure your estate plan covers all your bases and is legally sound. Durable General Powers of Attorney A durable power of attorney allows you to designate a trusted individual to take care of your financial and legal matters if you can't. This vital document stays valid even if you become incapacitated, protecting your interests at all times. Estate Administration Estate administration involves managing and settling an estate after someone has passed away. We take care of all aspects, including probate and small estates, ensuring the process is as smooth and efficient as possible. Funeral Planning Declarations Funeral planning declarations let you specify your wishes for funeral and burial arrangements, offering clear guidance to... --- - Published: 2023-07-28 - Modified: 2023-08-08 - URL: https://www.mcneelylaw.com/book-family-law/ Schedule an appointment online with our family law attorneys. --- > Divorce is one of the most emotionally taxing experiences a family can go through. You need to work with a Greensburg divorce attorney who can ensure your best interests are upheld each stage of the process. Call McNeelyLaw LLP to begin. - Published: 2023-07-11 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/family-law-attorneys/divorce/ If you are considering divorce, talking to an Indiana divorce attorney is a smart move. There are many important decisions to make, and the laws that apply to divorce in Indiana can be complex. Addressing these important matters on your own at a time when you may already be mentally and emotionally drained can be difficult at best. An experienced divorce attorney can help you prepare for and understand the process, protect your interests, and get you through the divorce as smoothly as possible. The Indiana divorce attorneys at McNeelyLaw help clients with a wide range of divorce-related issues. We can advocate for your best interests in matters such as child support, child custody, and property division. We have extensive experience handling family law cases in Indianapolis, Shelbyville, Greenwood, Franklin, and throughout the state of Indiana. Divorce Requirements in Indiana Getting a divorce in Indiana is often an emotionally challenging process. It is essential to understand the divorce laws and requirements to make informed decisions throughout the negotiation and settlement process. Depending on what county the case is filed in, your divorce might be required to be filed in a specific court, or it might be randomly assigned to a court. In most cases, a person must file for divorce in the county they reside in or the county their spouse resides in. There are also minimum state and county residency requirements that must be met before filing. Grounds for Divorce in Indiana Indiana is considered a “no-fault” divorce state.... --- > When you're in a child custody dispite, turn to an Indianapolis custody lawyer at McNeelyLaw LLP. We understand the emotional undertones that these cases often carry and strive to provide solutions that prioritize our clients' welfare and long-term peace. - Published: 2023-07-11 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/family-law-attorneys/child-custody/ Determining child custody arrangements can be an incredibly difficult process for any parent, whether it’s in the context of a divorce or a paternity case. If you are going through a divorce in Indiana, considering filing for divorce, or have a child that was born out of wedlock, it is important to understand the state’s child custody laws. Our dedicated Indiana child custody attorneys at McNeelyLaw can help you negotiate a fair agreement in complex situations, and we can advocate for you in court if an agreement cannot be reached. We assist parents in obtaining and modifying child custody and support orders in Indiana. Get legal counsel immediately to learn about your options and protect your rights. How is Child Custody Determined in Indiana? For married parents who are divorcing, child custody is determined by the court during divorce proceedings. Parents who were not married and cannot agree on how to share parental duties can request a custody order from the court in a paternity matter. Several factors are considered when determining physical custody arrangements for children. These factors include the wishes of both parents, as well as any preferences expressed by the children. The court may also take into account each parent’s financial situation, any history of domestic violence, and any special needs of the children. Types of Child Custody Arrangements in Indiana In Indiana, child custody is divided into two parts - legal custody and physical custody. Legal custody refers to who makes major decisions regarding how the... --- > Property division can be a complicated divorce matter, so you need McNeelyLaw LLP at your side. We take the time to get to know each of our clients, so we can better understand their unique situation and provide them with the best possible legal advice. Call our Franklin property division attorney now. - Published: 2023-07-11 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/family-law-attorneys/property-division/ Divorce is one of the most difficult experiences many people will encounter. In addition to the mental and emotional challenges, there are complex logistical issues to address, like property division. Dividing assets and debts can be one of the most contentious issues in a divorce. At McNeelyLaw, we understand that dividing assets and debts can be quite complicated in divorce. That is why we are committed to helping clients overcome legal challenges and find the best path forward in the divorce process. Our Indiana property division attorneys help clients assert their rights and interests when dividing property. Equitable Division in Indiana Indiana is an equitable division state when it comes to dividing assets in a divorce. This means that both pre-marriage and marital property may be subject to fair – but not necessarily equal – asset division. The best way to ensure that your separate property remains yours if your marriage ends in divorce is to create a prenuptial agreement before the marriage to spell out who owns which assets. Factors Considered When Dividing Property in Indiana In Indiana, a couple’s property is typically divided equitably when the couple divorces. This means that the property is not necessarily divided equally but rather fairly based on the circumstances of the case, including: The length of the marriage The age and health of each spouse Whether one spouse contributed more to acquiring or maintaining property than the other The current and future income and earning potential of each spouse The needs of... --- > As a parent, you want to ensure your child is provided for after you divorce your spouse. Child support payments can ensure your child has what he or she needs for a successful future. Call a Greensburg child support attorney right away. - Published: 2023-07-11 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/family-law-attorneys/child-support/ Child support is one of the most important and complex issues parents must address when they decide to divorce (or separate, if never married). Many parents are unsure how child support is determined in the state of Indiana and what options they have for modifying a child support arrangement. Our Indiana child support attorneys at McNeelyLaw understand that parents have a lot of questions and concerns related to child support, and we’re here to address them. Our team can explain the guidelines for determining child support in Indiana and how they may be applied to your situation. We help clients with all matters related to child support, including reaching a fair support agreement and securing a modification of the current order when needed. How Is Child Support Determined in Indiana? In Indiana, courts consider several factors to determine the amount of money that must be paid for child support. These factors include the income of both parents, how many children there are, childcare costs, health insurance premiums, and any applicable deductions that may apply to either parent. If you need help calculating child support, reach out to a knowledgeable family law attorney. Our Indiana child support attorneys at McNeelyLaw can help you determine a fair and just child support obligation in your unique situation. Modifying a Child Support Arrangement in Indiana You can seek modification of a child support order in Indiana if certain conditions are met. For instance, if there has been a significant change in either parent’s financial... --- > As you prepare for a divorce in Indiana, you should know what to expect. Our Rushville divorce lawyer is available to review your case: call McNeelyLaw LLP. - Published: 2023-07-11 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/family-law-attorneys/divorce/divorce-process/ Getting a divorce in Indiana can seem like an overwhelming process. Fortunately, our Indiana divorce attorneys at McNeelyLaw can walk you through the divorce process and ensure that your best interests are protected at each step. No two divorces are identical, but there are some basic steps that all divorces will go through, and understanding them can help you know what to expect and make the process less stressful. Meet the Residency Requirement The first step to filing for divorce in Indiana is ensuring that you meet the residency requirements. You or your spouse must have been a resident of Indiana or stationed at a United States military installation in Indiana for six months immediately before filing, and a resident of, or stationed at a U. S. military installation in, the county in which you file for 3 months immediately before filing. File a Petition for Divorce The next step involves filing paperwork to get a divorce. Be sure you complete all of the necessary paperwork – including filing a Verified Petition for Dissolution, Appearance, and Summons. Don’t forget to pay any applicable fees to the county clerk when submitting the documents. The documents must also be delivered (or served) to your spouse according to the Indiana Rules of Trial Procedure. Wait 60 Days Indiana law has a mandatory cooling-off period, which lasts 60 days. Your divorce case cannot be finalized until 60 days after the filing date. As the name implies, the purpose of the cooling off period is... --- > Thank you for contacting our Indianapolis visitation attorney at McNeelyLaw LLP. We pride ourselves on delivering personalized legal representation that is tailored to the unique needs and goals of each client and look forward to serving you. - Published: 2023-06-27 - Modified: 2023-07-14 - URL: https://www.mcneelylaw.com/thank-you/ Thank you for contacting us. We'll be in touch soon! --- > At McNeelyLaw LLP, our experienced attorneys provide compassionate and reliable legal guidance to Indiana clients in 21 areas of law. Our family law practice focuses on helping you pursue the results you need. Contact us today for a consultation. - Published: 2023-06-26 - Modified: 2023-06-26 - URL: https://www.mcneelylaw.com/accessibility/ ADA Accessibility Modifications We are continually improving our online services to better meet the needs of all individuals. Providing a barrier-free environment on our website which is accessible to all users is important to us. To this end, we have updated and tested this website and its elements to be compliant with the Web Content Accessibility Guidelines (WCAG) 2. 0 as accepted and published by the World Wide Web Consortium (W3C). This website has been designed to be viewable and navigable by non-graphical text-only browsers. The coding implemented in the site and its elements are compliant with W3C standards for CSS and HTML. All current web browsers should be capable of displaying the site correctly and our developers strive to use code that will also support future browser requirements as the web continues to evolve. In certain situations, due usually to changes to technology, changes to standards, practical limitations or third-party code, complete accessibility, usability, and compatibility may not be immediately available. To address such potential situations and provide a better user experience, this website is periodically audited for compatibility issues and compliance with current standards and guidelines. When issues are reported and remain outstanding, they will be documented in a changelog for visitors to review. This changelog will include a brief description of the issue, the date it was reported as well as an anticipated resolution timeframe. Minor deficiencies that do not impact navigation or site use but cannot be immediately resolved will be included as a courtesy to... --- > Need an experienced family law attorney in Shelbyville, Indiana? Look no further than the experts at McNeelyLaw LLP. Our full service legal team provides reliable guidance and representation to help you pursue the best results for your case. Get in touch today for a free consultation! - Published: 2023-06-26 - Modified: 2023-08-04 - URL: https://www.mcneelylaw.com/about/ Our History Founded by Lee McNeely, McNeelyLaw is a full-service law firm representing clients in a variety of practice areas across nearly every county of Indiana. Our firm has built its reputation on professional practice, outstanding client service, and proven success. With over 50 years of legal experience, our attorneys’ significant past cases include many of the most important clients, trials, and appellate cases in the history of Indiana. Let us represent you in your next legal matter. Our Team All Your Legal Needs — In One Place McNeelyLaw is proud to provide a breadth of practice areas on par with some of the largest Indiana firms while retaining Lee McNeely’s signature small-town touch. Whether you need help starting a business, creating an estate plan, navigating a divorce, or anything in between, McNeelyLaw has an experienced attorney ready to help. Our Practice Areas --- > We understand that legal matters can be stressful and complicated, which is why we strive to be approachable, friendly, and professional at all times. We are committed to treating you with the dignity, respect, and fairness that you deserve. Our Indianapolis divorce attorneys are here to help you protect your future and secure the results you need. - Published: 2023-02-07 - Modified: 2025-02-26 - URL: https://www.mcneelylaw.com/ "use strict"; var positionImage = function positionImage(imageEl) { var imageDimensions = imageEl. dataset. imageDimensions. split('x'); var originalWidth = imageDimensions; var originalHeight = imageDimensions; var focalPoint = imageEl. dataset. imageFocalPoint. split(','); var focalPointX = focalPoint; var focalPointY = focalPoint; var parentNode = imageEl. parentNode; var scale = function { var imageRatio = originalWidth / originalHeight; var parentClientSize = { height: parentNode. clientHeight, width: parentNode. clientWidth }; var parentRatio = parentClientSize. width / parentClientSize. height; if (imageRatio > parentRatio) { return parentClientSize. height / originalHeight; } return parentClientSize. width / originalWidth; }; var getRelativeOffset = function getRelativeOffset { var targetWidth = Math. ceil(originalWidth * scale); var targetHeight = Math. ceil(originalHeight * scale); var parentDimensionWidth = parentNode. offsetWidth; var parentDimensionHeight = parentNode. offsetHeight; var overflowWidth = targetWidth - parentDimensionWidth; var overflowHeight = targetHeight - parentDimensionHeight; var valueX; if (overflowWidth === 0) { valueX = focalPointX; } else { valueX = Math. max(Math. min(targetWidth * focalPointX - parentDimensionWidth * 0. 5, overflowWidth), 0) / overflowWidth; } var valueY; if (overflowHeight === 0) { valueY = focalPointY; } else { valueY = Math. max(Math. min(targetHeight * focalPointY - parentDimensionHeight * 0. 5, overflowHeight), 0) / overflowHeight; } return { valueX: valueX, valueY: valueY }; }; var relativeOffset = getRelativeOffset; var valueX = relativeOffset. valueX; var valueY = relativeOffset. valueY; imageEl. style. objectPosition = "". concat(valueX * 100, "% "). concat(valueY * 100, "%"); Object. assign(imageEl. style, { height: '100%', width: '100%', objectFit: 'cover', }); }; All Your Legal Needs - In One Place Contact Us --- > If you are ready to pay your attorney fees, please visit this page or call our Franklin divorce lawyers if you need assistance. - Published: 2023-02-07 - Modified: 2023-08-04 - URL: https://www.mcneelylaw.com/payments/ Welcome to the McNeelyLaw On-Line Payments page. Please make your selection from the options below. Once you have made your selection, you will be directed to a secure site to complete the payment process using any of the popular Debit / Credit cards. Please fill out the form completely and accurately to make certain your payment is properly applied to your account. CLICK HERE TO PAY Judgment, Statement, or Payment Arrangement: Please select this option to make a payment on a judgment, statement, or payment arrangement. CLICK HERE TO PAY CLICK HERE TO PAY Pay a McNeelyLaw Bill: Please select this option to make a payment made in response to a bill received from us for services rendered and/or expenses incurred. CLICK HERE TO PAY CLICK HERE TO PAY Pay a McNeelyLaw Retainer: Please select this option to pay a fee in advance to secure the services of our attorneys. CLICK HERE TO PAY Your payments are securely processed through LawPay. Collections: Pursuant to the Fair Debt Collection Practices Act, we must notify you of the following: “This document is an attempt to collect a debt and any information obtained will be used for that purpose. ” Did you receive correspondence from us pertaining to money that you owe to a Third Party? Please call 317. 825. 5230 to make arrangements to have payments automatically withdrawn from your checking account, debit card, or credit card. We appreciate your online payment. --- > McNeelyLaw LLP works closely with clients to achieve their desired results. Please read our disclaimer here before calling our Indianapolis divorce lawyer. - Published: 2023-02-07 - Modified: 2023-07-14 - URL: https://www.mcneelylaw.com/disclaimers/ Thank you for visiting McNeelyLaw. com. This site is for informational purposes only and should not be taken as legal advice. Prior to acting on any information provided on this website, please seek the advice of an attorney. If you would like to contact an attorney at McNeelyLaw LLP, do not include any confidential information until the attorney confirms that there is no conflict of interest between you and a client that McNeelyLaw LLP already represents, and that McNeelyLaw LLP is able and willing to represent you. Unless otherwise stated, all inquires submitted through this website or sent directly to a McNeelyLaw LLP attorney will not be considered confidential and do not create an attorney-client relationship. --- > The lititgation team at McNeelyLaw LLP are prepared to help you with your legal matter. Call our Indianapolis subrogation lawyers to review your case. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/subrogation-attorneys/ The attorneys at McNeelyLaw are dedicated to handling subrogation files efficiently to maximize recovery in a timely manner. We present itemized claims to adverse insurance carriers with organized supporting documentation. We also have a great deal of experience in presenting and defending claims in intercompany arbitration. We can prepare and file all of your automobile, property damage, homeowner’s property damage, and medical payments arbitrations. Our litigation team members handle lawsuits filed throughout the state of Indiana. When negotiations are not sufficient to resolve your case, you can count on us to get results for you in court. We also have a network of attorneys outside the state of Indiana for claims where litigation needs to be filed outside of Indiana. We quickly and aggressively pursue judgments against uninsured motorists. We take all necessary steps to reach an agreeable payment plan for these uninsured motorists or, if they are unresponsive, take necessary steps to suspend their driver’s license. We ensure uninsured motorists make their payments by offering payment plans and following up frequently. Uninsured motorist subrogation claims are not a lost cause. Let us pursue these claims for you, as the amounts recovered can be substantial. Contact us to discuss how we can help you. --- > Handling a business law matter requires an experienced legal representative to guide you through your options. McNeelyLaw LLP advises on matters of OSHA compliance, drafting and reviewing contracts, intellectual property protection, and dispute resolution, among others. Call our Greenwood business lawyer to begin. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/business-attorneys/ From small start-ups to multinational corporations, the attorneys of McNeelyLaw know that the success of your business depends on effective decision-making guided by sound legal advice. We take a personalized approach to business issues, working closely with you to learn the ins and outs of your business so that we can best advise you. We emphasize attention to detail in all aspects of business law because we understand the risks that are involved in complex business transactions. At McNeelyLaw, we have over 50 years of experience meeting the needs of our clients in all areas of business law, including, but not limited to: Business formation and succession planning; Business audits; Contracts, including drafting, reviewing, or negotiating; General counsel and advisory services; OSHA compliance; Non-compete and non-disclosure agreements; Governing documents, including partnership, shareholder, and membership agreements; and Mergers, acquisitions, and purchases or sales of a business. Our versatile attorneys can also help with business issues that cross over with other practice areas, such as: Corporate and business litigation; Employment and labor law; Intellectual property and trade secrets; and Real estate law. Whether you are starting your business, winding it down, or anything in between, the attorneys of McNeelyLaw can assist you. Contact us to discuss your business issues today. --- > At McNeelyLaw LLP, we understand that navigating the legal system can be challenging. That’s why we’ve assembled a team of experienced Indianapolis corporate law attorneys who are passionate about helping our clients. Contact us to begin. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/corporate-business-litigation-attorneys/ As a firm that is regularly involved in both business planning and litigation, the attorneys of McNeelyLaw understand the importance of handling business disputes in an efficient, cost-effective manner. Regardless of the size of your dispute, we will assist you in reaching the best possible outcome for your business, whether that be a negotiated settlement, alternative dispute resolution such as mediation or arbitration, or trial. McNeelyLaw offers the following corporate and business litigation services: Appeals; Consultation and legal opinions; Directors’ and officers’ liability; Disputes, including, but not limited to: Contract; Employee; Ownership; and Shareholder; Mediation/Arbitration; and Trial. To schedule a consultation about your business litigation needs, contact us today. --- > At McNeelyLaw LLP, our experience in family law is extensive and allows us to provide empathetic and comprehensive support during challenging times, be it divorce cases, child custody battles, or other family-related conflicts. Call our Indianapolis family law attorney to schedule a consultation. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/family-law-attorneys/ Family law cases bring out unique issues that other legal matters may not. The attorneys at McNeelyLaw take an individual approach to family law cases because we understand that they require a certain perspective. We will evaluate your case on an individual basis to determine what you need and how you can accomplish your goals. We will handle your case with care and fight your battles in court when you need someone to have your back. At McNeelyLaw, we will help you with all of your family law needs including: Adoption; Child custody and parenting time modification; Child support; Divorce and the process in Indiana Grandparent visitation; Paternity; Post-secondary educational support; Pre-nuptial and post-nuptial agreements; Property division; Protective Orders; and Third-party custody and guardianships. Let us help you navigate the legal system and reduce your stress during what is already a life-altering time. Contact the family law attorneys at McNeelyLaw to meet and discuss how we can help you protect your family. Discover why so many clients rely on our trusted advice to meet their family law needs. --- > At McNeelyLaw LLP, our Shelbyville divorce attorneys are not only experienced and professional, but they are also friendly and approachable. We understand that dealing with a legal matter can be overwhelming, which is why we pride ourselves on providing our clients with a personalized approach. Meet our lawyers at a consultation. - Published: 2023-02-07 - Modified: 2023-08-15 - URL: https://www.mcneelylaw.com/attorneys/ Erin Beaty Attorney Cynthia A. Bedrick Managing Partner Jacob S. Brattain Partner Trevor Brown Attorney Bradley J. Buchheit Attorney Jason D. Clark Attorney Michelle A. Cobourn-Baurley Partner Grace E. Dillow Attorney Nicholas R. Dismukes Partner Jonathan L. Faber Attorney Susan L. Furgeson Attorney Ryan J. Guillory Partner Brient Hicks Attorney Peter A. Inman Attorney Garrett E. Lawton Of Counsel Tanya D. Marsh Partner Daniel R. McGregor Partner J. Lee McNeely Founding Partner Mark W. McNeely Retired Partner Jennifer Meltzer Attorney Scott A. Milkey Partner Madison Monfreda Attorney Cameron A. Morgan Partner --- > Construction often requires legal intervention to settle disputes and avoid costly litigation. McNeelyLaw LLP assists clients with government contracts, bond claims, contract negotiation and many other issues. Discuss your case with us at a consultation. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/construction-attorneys/ McNeelyLaw’s construction law attorneys provide comprehensive construction law representation to clients involved in every stage of the construction process. Our construction attorneys have extensive experience representing developers, owners, lending institutions, governments, architects, engineers, general contractors, and suppliers throughout the construction process. Our attorneys work effectively to provide our clients with the sound legal knowledge necessary to assist them with all stages of the development and construction process. Our attorneys have extensive experience in providing advice on a variety of construction law matters, including contract preparation, environmental issues, and business representation. Our litigation team manages the risks inherent in the construction process to avoid costly litigation, including the use of alternative dispute resolution (mediation and arbitration), in order to bring about favorable resolutions to their clients in the most timely and least expensive manner. McNeelyLaw offers the following construction services: Alternative Dispute Resolution (ADR); Bond Claims; Contract Negotiation and Review Environmental Issues; Government Contracts; Lien Claims; Litigation; Mediation & Arbitration; Public Contract Bidding; and Scheduling, Delay, Payment, and Project Administration Claims. Contact us to discuss how we can assist you throughout the construction process. --- > Intellectual property matters can be confusing. When you choose McNeelyLaw LLP, you can rest assured that you are in good hands. Our Greenwood intellectual property attorneys have a proven track record of success, and we are dedicated to providing our clients with the best possible outcome for their legal matter. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/intellectual-property-attorneys/ Every individual or business encounters intellectual property on a regular basis. Yet many do not know of the rights or liabilities that come with this exposure. The attorneys of McNeelyLaw have a broad base of experience to assist and inform clients regarding their various intellectual property needs. We offer a variety of intellectual property services, including: Advertising and promotional campaigns; Clearing services; Copyright; Enforcement and policing; Expert witness; Licensing; Litigation; Mergers, acquisitions, sales, and securitization; and Right of publicity. Our Indiana intellectual property attorneys can help you develop customized solutions to protect, build, and drive value. Contact us today to discuss your intellectual property needs. --- > We understand that legal matters can be stressful and overwhelming, and we're here to provide you with the support and guidance you need to navigate the process successfully. Call our Indianapolis government law attorney to review your case. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/government-municipal-law-attorneys/ McNeelyLaw represents numerous governmental entities in Indiana and provides skilled counselors and trial attorneys capable of obtaining favorable results for government entities throughout the state. Our attorneys successfully protect the legal interests of the state, cities, towns, counties, and other governmental bodies in Indiana. Our wealth of experience, dedicated approach to our clients, and ability to handle even the most complex legal matters position us well to represent city, county, and state interests, including: Open door law and APRA issues; Land use, zoning, condemnation, and eminent domain; Annexation; Civil and municipal hearings; Employment labor law issues; Contract negotiations and disputes; and Taxation and financial matters, including tax abatements. Contact us to discuss how we can help you. --- > As dedicated legal practitioners in Indiana, McNeelyLaw LLP brings a nuanced understanding of various legal areas to serve our clients effectively. Contact our Shelbyville bankruptcy lawyers to discuss your case. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/bankruptcy-attorneys/ Life is unpredictable. Maybe you have sudden medical expenses or unexpectedly lose your job. There are endless reasons why debts might begin to mount. Whatever the reason, sometimes you just need a fresh start. We are here to help you get relief from creditor harassment, wage garnishment, foreclosure, or repossession. Our lawyers can help you discharge your debts through a Chapter 7 bankruptcy filing or reorganize your financial affairs through a Chapter 13 bankruptcy filing. If you have a business or a family farm, we can help you get some breathing room using a Chapter 11 or Chapter 12 filing. We are also seasoned litigators in matters arising within the bankruptcy process, called adversary proceedings. We represent both debtors and creditors in this specific litigation, and our lawyers have done everything from simple stay relief litigation to actions for the denial of a discharge where the amount in controversy exceeded $100 million. With our experience, we are prepared for anything that might arise during the bankruptcy process. If you are ready for a fresh start, contact us today to learn more. --- > Our Greenwood criminal defense attorneys at McNeelyLaw LLP understand the gravity of the situation faced by our clients. Every step of the way, we act with tenacity and rigor, meticulously analyzing each case to ensure that we can mount a robust and strategic defense. Call today for a case evaluation. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/criminal-attorneys/ At McNeelyLaw, we understand that criminal matters are serious and require experienced attorneys you can trust. We work hard to help people who find themselves tangled in the criminal justice system by providing attorneys who have decades of combined experience litigating criminal matters in both federal and state courts. We understand that each criminal case is different, and we take a unique approach to every case to ensure you receive the best representation possible given the facts of your case. Our attorneys have significant experience defending clients in a wide variety of criminal matters, including: White collar crimes; Fraud; Grand jury subpoenas & investigations Drunk driving offenses, including DUIs, DWIs, OWIs, and OVWIs; Assault and battery; Property offenses; Drug possession and distribution, including marijuana, cocaine, and methamphetamine; and Expungements. To schedule a consultation about your criminal defense needs, please contact us to discuss your specific situation. We are happy to discuss how we can help you achieve a cost-effective and efficient resolution. --- > Our Indianapolis employment attorneys are fully committed to helping our clients secure the best possible results in their legal matters. Whether it’s through skillful negotiation or aggressive representation, we work tirelessly to protect your rights and ensure your future success. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/employment-labor-attorneys/ McNeelyLaw works with corporations, businesses, and individuals to provide exceptional employment and labor law advice and litigation services. When litigation does arise, we provide cost-effective, aggressive representation. McNeelyLaw represents and counsels corporations throughout Indiana as well as individual employees in potential actions against their employers. From multinational business operations to start-up businesses with only a few employees, we can help your company avoid employment risks that can significantly damage your business. McNeelyLaw offers our employment clients a commitment to delivering personalized legal services that result in building enduring professional relationships. Our success is based on our clients’ success. Whether your business needs sound legal advice or a trusted advocate defending an employment or wrongful termination claim, we can help. We are also experienced in matters involving both traditional union/management relations as well as employee benefit and wrongful termination questions. Additionally, we regularly play a “hands on” role in counseling businesses, large and small, concerning day-to-day issues affecting the workplace and compliance with the ever-changing legal environment. Our firm also advocates for individual employees, advising them and representing them on a variety of employment matters. Past representations have included drafting and negotiating employment contracts and severance agreements and litigating cases on wrongful termination, wage and hour disputes, and employment discrimination (i. e. , race, sex, age, disability, and other protected classes). McNeelyLaw provides quality and cost-effective legal representation in all areas of employment and labor law, including: Counseling and training; Severance negotiations; Employee contracts, including covenants not to compete; Employment discrimination... --- > Injuries on the job can leave you bed-bound for weeks and unable to work. You may be entitled to compensation to support you while you heal. Call a Shelbyville workers compensation lawyer at McNeelyLaw LLP. - Published: 2023-02-07 - Modified: 2023-09-06 - URL: https://www.mcneelylaw.com/workers-compensation-attorneys/ Whether you have been injured in a workplace accident or have had an employee injured while on the job, our attorneys have the experience to provide exceptional services in prosecuting and defending claims before the Indiana Worker’s Compensation Board. At McNeelyLaw, we understand the desire of both employees and employers to efficiently resolve worker’s compensation claims. We have the knowledge and experience needed to navigate the unique process of litigation before the Indiana Worker’s Compensation Board. At McNeelyLaw, we will help you with all of your worker’s compensation needs. We can ensure accurate calculations for payment of temporary disability benefits and negotiate an accurate and fair resolution of your claim. We will fight for you whenever hearings are necessary before the Indiana Worker’s Compensation Board. Contact the Indiana worker’s compensation attorneys at McNeelyLaw to schedule an appointment to discuss your worker’s compensation issues. Discover why so many clients rely on us and our trusted advice to meet their worker’s compensation needs. --- > Get reliable legal guidance from the experienced attorneys at McNeelyLaw LLP. We provide comprehensive family law services to help our clients pursue the results they need. Our compassionate and determined team provides quality representation for Indiana residents in 21 areas of law. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/appellate-attorneys/ As a complement to our diverse and extensive litigation practice, McNeelyLaw offers experience in handling appellate litigation. Our seasoned litigators advise clients on all phases of appellate practice, both in state and federal courts. As polished (and published) writers, our attorneys have the skills necessary to draft effective appellate motions and briefs. Our attorneys are also experienced oral advocates, capable of providing persuasive and impactful oral argument. With litigators who have served as judges and judicial clerks, we offer insight into appellate practice that is necessary for effective advocacy. Whether you are seeking to reverse an unfavorable decision or uphold a satisfactory one, McNeelyLaw has a team of experienced attorneys ready to guide you through the appellate process and bring your dispute to resolution. Contact us to discuss your legal concerns and how we can help you achieve the desired resolution. --- > If you are looking for an experienced Indiana attorney who is ready to help you with your real estate matter, look no further than McNeelyLaw LLP. Our Shelbyville real estate attorneys can assist with every stage of the process. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/real-estate-attorneys/ The attorneys of McNeelyLaw have been representing clients in residential and commercial real estate matters in Indiana for decades. Our Indiana real estate attorneys represent a variety of clients across the entire spectrum of real estate matters, from tenants and local landlords owning one property to national REITs. We offer a variety of Indiana real estate legal services, including, but not limited to: Contract review and negotiation; Land use, planning, development, and zoning; Landlord/tenant matters, including evictions; Leases; Litigation and property disputes; Preparation of easements, covenants, deeds, and other instruments; Quiet title actions; Receiverships; and Residential and commercial purchases and sales. Regardless of your Indiana real estate needs, McNeelyLaw has a team of experienced attorneys who can help. Contact us today to discuss your real estate needs. --- > Planning for the future can be challenging. Our Shelbyville elder law attorneys are knowledgeable, skilled, and dedicated to providing guidance in estate-related matters. Call today for a consultation. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/elder-law-attorneys/ Creating a well-designed estate plan is a vital step in securing your family's future. Your estate plan will clearly outline your intentions after your passing or if you become incapacitated. Implementing an estate plan not only ensures that your desires are carried out but also alleviates the strain and anxiety placed on your loved ones. Remember, it's never too early to explore your estate planning choices. McNeelyLaw provides high-quality legal services for those needing the following services: Durable general powers of attorney; Estate administration, including probate estates and small estates; Funeral planning declarations; Healthcare powers of attorney; Living wills; Long-term care and Alzheimer’s/dementia planning; Medicaid planning; Probate litigation; Trusts, including special needs trusts; Veterans benefit planning; and Wills and personal property memorandums. Contact us directly so we can meet with you to discuss your goals and concerns. --- > Insurance disputes can be incredibly stressful. Let our Shelbyville insurance attorneys represent your best interests. Call McNeelyLaw LLP to begin. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/insurance-attorneys/ For decades, attorneys at McNeelyLaw have represented some of the nation’s largest insurance companies. In that time, we have learned to strike a balance between advocacy and the cost of defense. We understand that some cases need to be tried and others need to be resolved. For those that need to be tried, we won’t back down. McNeelyLaw attorneys manage their cases individually so that each approach is customized to fit that client’s needs. We keep our clients informed at each stage of the case and ensure that each insurance representative has accurate, up-to-date status reports for all of their files. McNeelyLaw attorneys handle all types of insurance defense cases, including cases involving auto accidents and uninsured/underinsured motorists claims, homeowner claims, construction claims, wrongful death claims, dog bite claims, slip and falls, environmental claims, insurance contract coverage claims for auto, home, and commercial, and subrogation prosecution. Contact the insurance defense attorneys of McNeelyLaw to discuss your insurance litigation defense needs. Let us help you protect your rights against fraudulent and frivolous claims. Put experience on the side of protecting your rights and corporate interests. --- > If you are faced with a complicated legal matter, McNeelyLaw LLP is prepared to help you explore possible solutions. Contact our firm today for a consultation with a Franklin custody attorney. - Published: 2023-02-07 - Modified: 2025-02-10 - URL: https://www.mcneelylaw.com/contact-us/ Schedule a Consultation Lee McNeely has been representing his clients’ best interests for over 50 years. Schedule a consultation. Write us a message below. var gform;gform||(document. addEventListener("gform_main_scripts_loaded",function{gform. scriptsLoaded=! 0}),document. addEventListener("gform/theme/scripts_loaded",function{gform. themeScriptsLoaded=! 0}),window. addEventListener("DOMContentLoaded",function{gform. domLoaded=! 0}),gform={domLoaded:! 1,scriptsLoaded:! 1,themeScriptsLoaded:! 1,isFormEditor:=>"function"==typeof InitializeEditor,callIfLoaded:function(o){return! 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Contact a skilled Franklin divorce attorney for a consultation. - Published: 2023-02-07 - Modified: 2023-07-20 - URL: https://www.mcneelylaw.com/faber-publications/ Published Works: RightOfPublicity. com (leading online Right of Publicity resource) - Author, administrator, 2006 – present Commercial Partnering with a Personality, ABA Entertainment Sports Lawyer, Vol. 37, No. 1, May 12, 2021 Discernment in Licensing and Enforcement, Licensing International Executive Voices, May 6, 2020 COVID-19 Series: Brave New World For Licensing, in Total Brand Licensing, April 14, 2020 Identifiability in Celebrity Licensing Litigation, in Total Brand Licensing (Licensing Show edition), 2019 Celebrity Licensing Continues Growing, in Total Brand Licensing (Licensing Show edition), 2018 Licensing Primer, LIMA eNews executive blog, May 2, 2017 View From the Trenches: Recent Right of Publicity Revelations, Savannah Law Review, Vol. 3, No. 1, 2016 Contributor and co-signor to SAG-AFTRA amicus filings O’Bannon v. NCAA, 2015 Experience Hendrix v. Hendrix Licensing, 2014, and Hart v. EA, 2012 California Copyright Conference, A Brief History of the Right of Publicity, conference/newsletter, November 2016 Orange County Bar Assoc. Ent. , Sports Marketing conference, A Brief History of the Right of Publicity, October 2016 Albany Lobby Day, Licensing Journal 2012 article provided to legislators, May 2015 A Representation Contract in Time Saves Nine, in LIMA’s BottomLine, August 2013 Legislative Right of Publicity Efforts Could Be Instructive for North Carolina, NC Bar Assoc. , June 2013 New Frontiers of Opportunity and Liability in Celebrity Licensing, in Licensing Journal, December 2012 Authored, testified in support of, and secured passage of Indiana’s current Right of Publicity statute, 2012 Licensing, Infringements and Acquisition, AIPLA Annual Conference Materials, January 2010 A Licensing Parable, Global License!... --- > When it comes to choosing a lawyer, experience matters. At McNeelyLaw LLP, our Indianapolis death care attorneys have handled countless cases over the years and can offer a level of expertise that only comes from years of practice. We'll compassionately handle your death care case. - Published: 2023-02-07 - Modified: 2025-02-20 - URL: https://www.mcneelylaw.com/death-care-services-attorneys/ Funeral homes and cemeteries offer services to grieving families during their time of need, while helping families plan for future needs. McNeelyLaw takes the same approach to our death care industry clients. Our attorneys, knowledgeable about the death care industry and the relevant state and federal regulations, can respond quickly to help our clients if an unexpected legal problem arises. We also offer a variety of legal services to help funeral homes and cemeteries understand their legal obligations and minimize the risk of future legal problems, including reviewing forms and processes for compliance with state law and the FTC Funeral Rule. Our death care services attorneys have advised clients on matters related to disinterment petitions, determining who has the right to control human remains, negligent embalming claims, locating cemeteries and funeral homes, and trusting requirements for pre-need funds. Our death care services attorneys regularly speak at state and national conferences sponsored by such groups as ICCFA, CANA, The New York State Association of Cemeteries, and the North American Death Care Regulators Association, and have written numerous books and articles on topics related to funeral homes, cemeteries, and the law of dead bodies. Contact us to learn more about the specialized services that we offer to funeral homes and cemeteries. --- > Turn to McNeelyLaw LLP when you need a reliable mediator in your case. We understand that legal matters can be both time-consuming and stressful, which is why our team of Shelbyille mediation attorneys is always prepared to help you navigate through the legal process with ease. Call today to get in touch. - Published: 2023-02-07 - Modified: 2025-04-22 - URL: https://www.mcneelylaw.com/mediation/ McNeelyLaw has a number of registered civil mediators with a wide variety of experience in both mediation and litigation, including J. Lee McNeely, Jacob S. Brattain, and Ryan J. Guillory. The mediators at McNeelyLaw take a practical approach to solving your problems because they have the experience to evaluate your case and propose solutions that will work for both sides. Mediation provides a mechanism for resolving disputes that can be advantageous to the parties to a dispute. Mediation can be less costly, less formal, and faster than litigating a case to its conclusion and allows the parties to keep the resolution of their dispute private and out of the public record. Let the mediators of McNeelyLaw help you by serving as a neutral party to try to resolve your dispute without having to go through a trial. With access to multiple conference rooms and facilities, we can host your mediation in Shelbyville, but our mediators are also willing to travel to your offices to minimize the disruption to your day. Contact us today for help with your mediation needs. Schedule Mediation --- > Whether you are facing a divorce, a criminal case, or a family law issue, our Franklin visitation attorneys have the experience and knowledge needed to help you achieve the best possible outcome. Explore our Marsh publications here. - Published: 2023-02-07 - Modified: 2023-07-20 - URL: https://www.mcneelylaw.com/marsh-publications/ Scholarship - Funeral Cemetery Law Articles Chapters Corpse Disposition and the Law, in The Future of the Corpse: Our Changing Places and Perceptions of the Dead and Mourning, ed. Christina Staudt and Karla Rothstein (ABC-CLIO) (October 2021)You Can’t Always Get What You Want: Inconsistent State Statutes Frustrate Decedent Control Over Funeral Planning, 55 Real Prop. Tr. Est. L. J. 147 (2020). The Death Care Revolution, 8 Wake Forest J. Law Pol’y 1 (2018)Regulated to Death: Occupational Licensing and the Demise of the U. S. Funeral Services Industry, 8 Wake Forest J. Law Pol’y 5 (2018)Jessica Mitford Was Wrong, 8 Wake Forest J. Law Pol’y 111 (2018)A Short History of Corpse Disposition in Manhattan, SSRN Working Papers Series (https://ssrn. com/abstract=3044516) (2017)A Brief History of the American Cemetery, in Changing Landscapes: Exploring the Growth of Ethical, Compassionate, and Environmentally Sustainable Green Funeral Service, ed. Lee Webster (2017)A New Lease on Death (with Sample Provisions), 32 Prac. Real Est. Law. 31 (November 2016)Who Controls the Dead? The Right to Make Funeral and Disposition Decisions, Natural Transitions (Summer 2016)Corpse Disposition and the Law, Columbia University Seminar on Death Working Paper (2016)When Death and Dirt Collide: Legal Property Interests in Burial Places, 30 Prob. Prop. 59 (March/April 2016). Winner of ABA Section of Real Property, Trust and Estate Law’s Probate Property magazine’s 2016 Excellence in Writing Award for Best Overall Article in Real Property. A New Lease on Death, 49 Real Prop. Tr. Est. L. J. 421 (2015)Ebola, Embalming, and The Dead: Controlling the Spread... --- > Civil litigation can be complicated: McNeelyLaw LLP is here to support you. We are driven by a duty to uphold our clients' rights and work relentlessly to ensure fair treatment throughout the process. Call our Indianapolis - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/civil-litigation-attorneys/ Although we pride ourselves on our ability to solve problems before they escalate, conflict is sometimes unavoidable. Regardless of the nature of your civil litigation issue, McNeelyLaw can help you achieve a positive resolution. Whether that means negotiating a settlement or taking your case to trial, the attorneys of McNeelyLaw have the experience to navigate your case to a conclusion that makes sense for your situation. The attorneys at McNeelyLaw have the experience necessary to handle a broad range of civil lawsuits, including: Contract disputes; Intellectual property disputes; Personal injury; Trespass and nuisance claims; Real estate disputes; Property damage; Small claims; and Intentional torts, including battery, fraud, and conversion. Contact us to discuss your legal issue and how we can help you achieve a beneficial resolution. --- > Mediation is sometimes recommended when settling a heated family law matter. Contact McNeelyLaw LLP to talk to a Greenwood family law mediator. - Published: 2023-02-07 - Modified: 2025-04-22 - URL: https://www.mcneelylaw.com/book-mediation/ Interested in hiring one of our mediators on your case? Our certified mediators are practicing attorneys with a wealth of knowledge and experience that they use to help you resolve your case. Contact us or click below to schedule mediation with J. Lee McNeely, Jacob Brattain, and Ryan J. Guillory. --- > Tax law can involve complex matters that require a skilled Shelbyville tax attorney who can guide you through your case. Contact McNeelyLaw LLP for a consultation. - Published: 2023-02-07 - Modified: 2023-09-06 - URL: https://www.mcneelylaw.com/tax-attorneys/ Tax law is a complex area that proves difficult for even the most seasoned attorneys and business people. Moreover, violations of these complicated regulations can carry hefty penalties. McNeelyLaw can provide important guidance on the tax code to both businesses and individuals. McNeelyLaw attorneys have experience handling cases of all sizes, from a few hundred dollars to several million. Not only do we help when you find yourself in trouble with the IRS or DOR, but our attorneys offer proactive advice to prevent future headaches and unnecessary costs. McNeelyLaw tax attorneys handle tax issues including: Corporate tax planning, including with regard to mergers and acquisitions; Tax litigation and negotiation against the IRS and state tax authorities; Tax advice for non-profits such as hospitals, educational institutions, and other charitable organizations, including applications for exemption under Section 501 of the tax code; Tax planning surrounding large purchases and donations by individuals; Tax abatements; and Employment tax issues and questions, including worker classification issues. Contact the tax law professionals at McNeelyLaw to meet and discuss how we can help protect you from tax trouble before you find yourself in it. --- > Healthcare professionals in need of legal representation can turn to our experienced Shelbyville healthcare attorneys for guidance. Whatever your legal needs may be, we're here to help. Contact McNeelyLaw LLP today to schedule a consultation and learn more about how we can assist you with your legal matter. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/healthcare-attorneys/ McNeelyLaw assists clients in the highly-regulated field of healthcare law, including representing healthcare systems, free-standing hospitals, and other healthcare facilities, as well as large and small physician groups as buyers, sellers, affiliation partners, and joint venture partners in corporate transactions. McNeelyLaw provides guidance on the full range of issues that may arise in the healthcare environment, including non-competition issues, mergers, asset and share purchases, joint operating agreements, affiliation agreements, and physician practice acquisitions. In addition, McNeelyLaw provides guidance regarding alternative corporate structures. Our attorneys also prepare documents memorializing other contractual arrangements, including employment and independent contractor agreements for professional services and management contracts. Contact us to discuss how we can help you. --- > Many legal matters need litigation to achieve a suitable outcome. Defense matters are best handled by a skilled Indianapolis criminal defense lawyer who can provide an expert testimony in your favor. Call McNeelyLaw LLP for a case review. - Published: 2023-02-07 - Modified: 2023-09-05 - URL: https://www.mcneelylaw.com/expert/ With over 50 years of experience serving as a litigator, as well as an extensive record of chairing and presenting a variety of topics in continuing legal education forums, Lee McNeely is frequently called upon by both plaintiff and defense attorneys to provide expert testimony on a variety of legal matters. As an independent expert witness, Lee can reduce complex factual situations into understandable testimony for a judge or jury. Lee’s judgment and objectivity are such that he has been called upon by both the United States District Court and the Indiana Supreme Court to serve as Special Master in resolving highly controversial, difficult, and involved legal matters. Additionally, Jonathan Faber is a visible leader in the licensing industry and a nationally recognized expert in the field of licensing, celebrity rights, and the Right of Publicity. Jonathan has worked on behalf of all types of intellectual property owners and has collaborated with countless entities such as manufacturers, advertising agencies, music publishers, and media companies. Jonathan has served as an expert witness in litigation throughout the United States for defendants and plaintiffs alike, involving parties such as Uma Thurman and Lancome, the Frank Lloyd Wright Foundation, Checkers/Rallys, Fruit of the Loom, animated character Madeline, Grammy-Award winning group Digable Planets and Target, Nikki Sixx and Vans, Tara Reid and Sky Las Vegas, the Diana, Princess of Wales Memorial Fund and Franklin Mint, and Zooey Deschanel and Kohl’s Department Stores. Contact us today for help with your expert witness needs. --- > McNeelyLaw LLP is a team of experienced Shelbyville family law attorneys who are ready to assist you with your legal matter. Our attorneys have a wealth of knowledge in a broad range of legal services, including divorce, family law matters, criminal cases, and more. - Published: 2023-02-07 - Modified: 2024-08-27 - URL: https://www.mcneelylaw.com/our-services/ McNeelyLaw LLP is a full-service law firm with attorneys practicing in 23 areas of law. Appellate Practice Bankruptcy Law Business Law Civil Litigation Construction Law Corporate & Business Litigation Criminal Defense & Expungement Death Care Services Elder Law Employment & Labor Law Estate Planning Expert Witness Testimony Family Law & Divorce Government & Municipal Law Healthcare Law HOA Law Insurance Defense & Coverage Intellectual Property Mediation Real Estate Law Subrogation Law Tax Law Worker’s Compensation Law --- --- ## Posts - Published: 2025-06-19 - Modified: 2025-06-19 - URL: https://www.mcneelylaw.com/ovwi-and-sentencing/ - Categories: News What is commonly referred to as a DUI (driving under the influence) is actually known under Indiana law as an OVWI (operating a vehicle while intoxicated). An OVWI has different levels of severity based on a plethora of factors. These factors include a person’s blood alcohol concentration (BAC), whether any injury occurred, and the driver’s history of past OVWI. An OVWI can be either a misdemeanor or a felony. Misdemeanor OVWI generally occurs if the driver has never been convicted of OVWI before and no injuries were caused to any other person (including any passengers) during the commission of the offense. Depending on the driver’s BAC, there are two classes of misdemeanors for OVWI: Class A or Class C. Class C applies if your BAC is higher than 0. 08 but less than 0. 15, while Class A will apply if your BAC is above 0. 15 or if offense endangered another person. Most misdemeanor OVWIs will be Class A misdemeanors. Endangerment does not require actual injury, but just putting another person at risk of harm. OVWIs can be felonies in certain situations, such as if the driver was convicted of an OVWI within the last seven years, which will be a level 6 felony. An enhanced felony (level 5) will apply if the driver has a previous conviction of operating while intoxicated causing death, catastrophic injury, or serious bodily injury. It is also a level 5 felony if the driver has a BAC above 0. 08 and causes serious... --- - Published: 2025-06-18 - Modified: 2025-06-18 - URL: https://www.mcneelylaw.com/bankruptcy-chapter-7-vs-chapter-13-which-is-right-for-you-in-indiana/ - Categories: News - Tags: #bankruptcy #chapter7 #chapter13 Filing for bankruptcy can feel overwhelming, but understanding your options is the first step toward financial recovery. If you’re struggling with debt in Indiana, understanding the differences between Chapter 7 and Chapter 13 bankruptcy is crucial to making the best decision for your financial future. Both options offer relief, but they work in distinct ways and are suited to different situations. Chapter 7 Bankruptcy: A Fresh Start Chapter 7, often called "liquidation bankruptcy," is designed for individuals who cannot afford to repay their debts. This option discharges most unsecured debts like credit cards, medical bills, and personal loans. Chapter 7 works best if you have limited disposable income and primarily unsecured debt. However, you must pass the means test, which compares your income to Indiana's median household income. If your income is too high, you may not qualify for Chapter 7. However, you may have to surrender non-exempt property, which the bankruptcy trustee can sell to pay creditors. Indiana law protects certain assets (such as a portion of your home equity and personal belongings, including your car), but anything above these exemptions could be liquidated. Chapter 7 is typically best for those with limited income, few valuable assets, and limited or no home equity. Chapter 13 Bankruptcy: A Repayment Plan Chapter 13 is known as "reorganization bankruptcy. " Instead of liquidating assets, you propose a three- to five-year repayment plan, making monthly payments to a trustee who distributes funds to your creditors. This option allows you to keep your property,... --- - Published: 2025-06-12 - Modified: 2025-06-12 - URL: https://www.mcneelylaw.com/who-gets-the-pet-in-an-indiana-divorce/ - Categories: News - Tags: #divorce #petdivorce #petcustody In divorce proceedings, determining which party retains possession of the family pet can be highly contentious. Despite the emotional connection people have to their pets, Indiana law does not recognize pets as family members in divorce proceedings. Instead, pets are classified as personal property and are subject to the same legal framework governing the division of other marital assets. The Indiana Court of Appeals has made clear that Indiana is aligned with the majority of states, which also have refused to apply custody laws or considerations to disputes over a pet. In Indiana, all marital property, including pets, will be divided by the court in a just and reasonable manner. The court’s goal is not to achieve a precisely equal division, but is instead more broadly focused on an equitable outcome based on the circumstances of the case. Because family pets are considered personal property in Indiana, the court will give more weight to the individual property rights of the parties over the pet, rather than their respective abilities to care for that pet. Although Indiana courts do not apply a “best interests of the pet” standard, a court may take into consideration factors such as: Who originally owned the pet; Who has been the primary caretaker of the pet; and What costs may have been sustained by either party in caring for the pet. It is important to remember, however, that any consideration of these factors will be under property division rules, not child custody guidelines. If divorcing parties... --- - Published: 2025-06-10 - Modified: 2025-06-10 - URL: https://www.mcneelylaw.com/indiana-landlord-tenant-law-security-deposits/ - Categories: News A security deposit is a returnable sum of money that tenants pay to landlords or their representatives in advance of moving into a rental unit to guarantee that tenants perform their lease obligations. In most leases, the landlord agrees to hold the security deposit until the end of the lease; however, lease agreements may vary in how long each landlord holds a security deposit. The deposit is used to protect against financial losses resulting from the tenant’s breaches of their obligations under a lease and damage to a rental property. While the amount of a security deposit will vary from one landlord to another, it is often an amount equal to one month’s rent. Therefore, before move-in, a tenant is frequently required to pay two months’ rent upfront – one as a security deposit and another for the rent due. Indiana’s landlord-tenant laws outline both the landlord’s and tenant’s rights and responsibilities regarding security deposits. At lease termination, whether due to the reaching the end date of a lease or by a sudden change in circumstances, the security deposit again becomes a relevant consideration for both the landlord and tenant. If the tenant follows all the requirements prescribed by the lease agreement for termination and has not damaged the leased property, they are likely to recover the entire security deposit initially paid to the landlord. However, some leases permit alternative uses of the security deposit. Therefore, tenants should familiarize themselves with their lease agreements to properly prepare for the process.... --- - Published: 2025-06-03 - Modified: 2025-06-03 - URL: https://www.mcneelylaw.com/share-of-spouse/ - Categories: News - Tags: estate planning; spousal protections; inheritance When someone dies without a will, they are said to have died intestate. Intestacy laws govern who is entitled to the decedent’s property, and the laws tend to favor the decedent’s spouse and children. If the decedent does not have any living children or parents, then the surviving spouse inherits the entire estate. If the decedent has a surviving spouse and living children with that spouse, then the surviving spouse inherits ½ of the intestate estate and the living children split ½ of the intestate estate. If the decedent has a surviving spouse with no living children together but a living child from a previous spouse, the surviving spouse inherits ½ of the intestate personal property and ¼ of the fair market value of the decedent’s real estate, minus the value of any liens or encumbrances on that real estate; the living children inherit the remainder. If the decedent has a surviving spouse and parent(s) and no living children, the surviving spouse inherits ¾ of the intestate estate and the parents inherit ¼ of the intestate estate. In almost all situations, if a decedent dies without a will, the surviving spouse will inherit the decedent’s property, with their share dependent on the remaining living relatives of the decedent. Elective Share The elective share is another tool used to protect surviving spouses in Indiana. It ensures that a spouse is not disinherited or not adequately accounted for. A surviving spouse can elect to “take against the will. ” In Indiana, if... --- - Published: 2025-05-29 - Modified: 2025-05-29 - URL: https://www.mcneelylaw.com/public-intoxication/ - Categories: News Under Indiana Code Section 7. 1-5-1-3, it is considered a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person’s use of alcohol or a controlled substance, if the person: Endangers the person’s life, Endangers the life of another person, Breaches the peace or is imminent danger of breaching the peace, or Harasses, annoys, or alarms another person. This means that while adults can enjoy alcoholic beverages while attending events, they must be mindful not to engage in dangerous or disruptive behavior. A public intoxication charge can have a sentence of up to 180 days of jail time and a potential fine of up to $1,000. Don’ts of events is you choose to drink: Don’t walk into oncoming traffic or ignore signals on the roads. Don’t engage in fights, either verbal or physical; even the threat of violence may be enough to constitute “imminent danger of breaching the peace. ” Don’t yell profane or vulgar things at others. Don’t attempt drive even if you believe you are okay to operate a vehicle. Important Exceptions There are exceptions to the alcohol-related offenses described above in certain circumstances. The first exception may be triggered if the intoxicated person requests emergency medical assistance for someone reasonably in need of assistance. The second may apply if the intoxicated person is a victim of a reported sex offense. The last may apply if the intoxicated person witnessed and... --- - Published: 2025-05-22 - Modified: 2025-05-22 - URL: https://www.mcneelylaw.com/why-every-hoosier-should-consider-a-trust/ - Categories: News - Tags: #estateplanning #trusts #probate #estates Trusts are powerful estate planning tools that offer significant benefits for individuals and families in Indiana, regardless of the size of their estate. While they are often associated with the wealthy, trusts can be advantageous for anyone seeking greater control, privacy, and protection over the distribution of their assets. At their core, trusts are legal arrangements in which a person transfers property to a trustee, who manages those assets for the benefit of named beneficiaries. The terms of the trust are set out in a written document, which allows the person creating the trust, called the settlor, to specify exactly how and when assets should be distributed, both during their lifetime and after death. One of the most compelling reasons to establish a trust in Indiana is the ability to avoid probate. Probate is the legal process of settling an estate after someone’s death, and in Indiana, this process can be complicated, time consuming, and expensive. By placing assets in a trust, those assets typically bypass probate entirely, allowing beneficiaries to receive their inheritance more quickly and with fewer legal hurdles. This not only saves time and money, but it also helps maintain privacy, as probate proceedings are public record while trust distributions often remain confidential. Trusts also provide enhanced control over asset distribution. For example, a trust can specify that beneficiaries receive funds only upon reaching a certain age, achieving specific milestones, or even meeting particular conditions. This feature is especially helpful for families with young children, dependents with... --- - Published: 2025-05-20 - Modified: 2025-05-20 - URL: https://www.mcneelylaw.com/summer-parenting-time-2/ - Categories: News In divorces involving children or in paternity actions, the Court will issue an order to parents outlining parenting time, which is the time each parent has the child in their care. In Indiana, most cases follow the Indiana Parenting Time Guidelines (“IPTG”) to establish this parenting time schedule. During the Summer, additional time is available for noncustodial parents so that they can spend more time with the child when the child is not in school. This encourages both parents to take vacations and to spend more time with the child. Generally, parents are given the opportunity to work out a parenting time schedule on their own without court intervention. In the event that parents cannot come to an agreement, the Court will be tasked with creating a parenting time plan. If parents are able to agree, the schedule must be made in writing, signed by both parents, submitted to the Court, and approved by the Court. When the Court makes up a parenting time schedule, it bases the schedule on the IPTG. These guidelines are recommendations that represent the minimum time a parent should be allowed to have with their child to maintain frequent, meaningful, and continuing contact with the child. For children five and older, the IPTG recommend that both custodial and non-custodial parents should have approximately half of the Summer with their child. For the purpose of determining parenting time, Summer is set to begin the day after the child’s school lets out for break and ends the... --- - Published: 2025-05-15 - Modified: 2025-05-15 - URL: https://www.mcneelylaw.com/fishers-and-carmel-take-action-to-limit-single-family-rentals-in-local-neighborhoods/ - Categories: News Fishers and Carmel are making headlines with new measures to limit the number of single-family homes that can be rented out in each neighborhood. These ordinances, pitched as a way to preserve community character and protect homeownership opportunities, are also stirring debate about housing affordability, property rights, and the future of rental markets in Hamilton County. On April 21, 2025, the Fishers City Council unanimously passed Ordinance 022425A, establishing a hard cap: no more than 10% of single-family homes in any given subdivision can be non-owner-occupied rentals. Subject to certain exceptions, every landlord must register their property with the city and obtain a permit. Enforcement begins January 1, 2026, with fines ranging from $250 up to $7,500 for violations. On the same day that Fishers passed its rental cap ordinance, Carmel introduced a nearly identical ordinance, also proposing a 10% cap on single-family rentals per neighborhood. Carmel’s plan, still under consideration, includes exemptions for hardship cases, such as military deployment, job relocation, or inability to sell after six months. City officials in both Fishers and Carmel cite a surge in out-of-state and corporate ownership of single-family homes. In Fishers, 47% of all single-family rentals are owned by out-of-state investors, and 25% by institutional investors-some owning over 1,000 properties. The concern is that these investors can outbid local families, reduce homeownership rates, and, in some cases, neglect property maintenance, undermining neighborhood stability. Not everyone is convinced by proposed rental restrictions. Real estate professionals and housing advocates have raised several critical concerns... --- - Published: 2025-05-13 - Modified: 2025-05-13 - URL: https://www.mcneelylaw.com/gift-inheritance-tax/ - Categories: News - Tags: gift inheritance, gift inheritance tax, inheritance Gifts Generally, gifts are excluded from one’s taxable income. For example, if a mother earns $100,000 in a year and gives her son $20,000 a year out of love, the gift to her son is not considered income for her son and, so, the mother does not have a deduction for federal income tax purposes. However, a gift tax may still be levied on the donor. As of 2025, the annual gift tax exclusion is $19,000 and the lifetime gift tax exclusion and estate tax exemption is $13. 99 million. This means that one can gift up to $19,000 to a person per year and not have to pay a tax on the gift. There are exceptions to this rule such as tuition payments and medical expenses if such funds are paid directly to the provider. Take for another example that the mother transfers certain stock to her son while she is alive. When the son acquires that property, the built-in gain from the stocks will not be forgiven. The gain instead will be reflected in the son’s measure of gain when he ultimately sells the stocks received as gift. Generally, the son will use his mother’s basis when he sells, which is typically what she bought it for. Therefore, his taxable income from the sale of the stocks will be the cost of what he sells it for minus what his mother originally paid for the stocks. Inheritance The rules regarding inheriting property by reason of death are a... --- - Published: 2025-05-09 - Modified: 2025-05-09 - URL: https://www.mcneelylaw.com/robocalls-what-to-know-about-these-telemarketing-tools/ - Categories: News These days, everyone is familiar with dreaded telemarketing calls. A robocall is a type of telemarketing tool that plays an automated, prerecorded message. While many types of robocalls are both legal and useful, like appointment reminders and school delay announcements, the things that make them useful are also appealing to scammers. While never-ending telemarketing calls may make you feel like there’s no way out, here’s what you can do to combat them and what to know if you think you’ve received an illegal robocall. Indiana law prohibits telemarketers from directing sales calls to a phone number that is registered on the Indiana Do Not Call List. Registering your phone number will eliminate most telemarketing calls. However, there are certain groups who may still contact you, like insurance agents, newspapers, and charities. The Do Not Call Implementation Act authorizes the Federal Trade Commission (FTC) to collect fees for the implementation and enforcement of a Do Not Call Registry at the national level. Registering your phone number with both the national and state Do Not Call registries is the best way to limit the number of calls you receive. It’s important to remember that receiving a robocall, or any telemarketing call, that is unwanted does not necessarily make it illegal. If it is an illegal call, though, the caller could face significant penalties. Telemarketers using robocalls are prohibited from knowingly transmitting misleading or inaccurate Caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value under the... --- - Published: 2025-05-07 - Modified: 2025-05-07 - URL: https://www.mcneelylaw.com/passport-denial-program-for-nonpayment-of-child-support/ - Categories: News There are several programs in place to encourage parents to keep up with their child support payments. The Passport Denial Program is one tool that the government uses to prevent parents who have not paid their child support from leaving the country. The federal government will deny any passport applications submitted by parents owing $2,500 or more in child support. 42 U. S. C. A. § 652 (k). The state that ordered your payments will report to the U. S. Department of Heath and Human Services the status of your payments. The State Department will also revoke a passport that was previously issued if the holder surrenders it to a passport agent or embassy representative for services or repairs. There are a few instances where the government will consider extenuating circumstances and reinstate a passport. This includes where a passport is needed for a family emergency such as the imminent death, funeral, serious illness or injury, or medical emergency of an immediate family member. Immediate family members are defined as a parent, guardian, grandparent, sibling, aunt, uncle, step-child/parent, or spouse of either the parent owing the child support or their spouse. Other passport needs for work or vacation travel are not likely to be given special treatment and payment of arrears in full will be needed before a passport is issued. Even in circumstances when someone else is paying expenses for a trip, it is unlikely that a person owing child support will be given leave to travel. If you... --- - Published: 2025-05-01 - Modified: 2025-05-01 - URL: https://www.mcneelylaw.com/house-bill-1008-redrawing-indiana-and-illinois-state-boundaries/ - Categories: News - Tags: House Bill Indiana House Bill 1008 has passed its final legislative step and is headed to the desk of Indiana’s Governor Mike Braun for final approval. House Bill 1008 would establish the Indiana-Illinois boundary adjustment commission. The commission would be comprised of six members appointed by the governor and five members appointed under Illinois law. The commission’s objective? To explore the possibility of adjusting the boundaries between the two states. 33 Illinois counties have expressed interest in seceding from Illinois, and some Indiana lawmakers want to offer them a place here. Many counties are looking to separate from the Chicago area, a movement stemming from political differences and the rural-urban divide. In the last several years, these 33 counties have approved ballot measures that proposed their separation from the Chicago and Cook County area. However, no ballot measure proposing joining Indiana, or any other state, has passed in any of these counties. If approved by the governor, the legislation will be faced with obstacles limiting the bill’s functionality. First, the Illinois companion bill would also need to pass. However, it has yet to receive a hearing in the Illinois House committee. Further, such a major change in state boundaries would require congressional approval. The most recent major boundary change took place in the Civil War era when Viginia counties broke away and formed West Viginia. Illinois lawmakers and some Indiana representatives are skeptical of the bill’s chances for success. In the event that Illinois declines to pass the companion bill, Indiana’s efforts... --- - Published: 2025-04-29 - Modified: 2025-04-29 - URL: https://www.mcneelylaw.com/indiana-agriculture-fence-law/ - Categories: News - Tags: #Fencelaw  #Indianafencelaw       #farmfences            #Indianaagriculture    #INagriculture            #INfencelaw Indiana laws on agricultural fencing can be found in Indiana Code § 32-26-9-1, et seq. This post will discuss the requirements and cost allocation under Indiana statutes to build and maintain fences on agricultural land. This is an important issue in the Hoosier state, where agricultural land abounds and shared fences are common. If you are building a fence or are in a maintenance dispute with an adjacent property owner about a shared fence, look to Indiana Code § 32-26-9-2 and 3 to determine how the cost of the fence is apportioned between the property owners. The costs to build a partition fence are divided amongst the owners based on the steps set out in Indiana Code § 32-26-9-2(b). Subsection (b)(1) states that if the partition fence is being built along a property line that runs north to south: “(A) the owner whose property lies to the east of the fence shall build the north half of the fence; and (B) the owner whose land lies to the west of the fence shall build the south half of the fence. ” Subsection (b)(2) states that for a partition fence on a property line that runs east to west: “(A) the owner whose property lies north of the fence shall build the west half of the fence; and (B) the owner whose property lies to the south of the fence shall build the east half of the fence. ” Indiana Code § 32-26-9-3(a) states that a partition fence shall be maintained... --- - Published: 2025-04-22 - Modified: 2025-04-22 - URL: https://www.mcneelylaw.com/understanding-the-passport-notice-requirements-for-divorced-parents-in-indiana/ - Categories: News - Tags: #passports #notice #divorce #familylaw Divorce brings many changes, especially for parents navigating custody and international travel with children. In Indiana, there are specific legal requirements that divorced parents must follow when applying for a child’s passport. These rules are designed to protect both parents’ rights and ensure transparency in the process. Indiana Code § 31-17-2-24 sets out clear requirements for parents who wish to apply for a passport for their child after a divorce. The statute applies to any parent who is subject to a custody order, meaning this is relevant not just during divorce proceedings, but also for any post-divorce modifications or paternity orders. Here’s what the law requires: If either parent wants to apply for a passport for the child, that parent must, at least ten days before applying, do the following: File a notice of the passport application with the clerk of the court that issued the custody order. Send a copy of the notice to the other parent. The purpose of this notice is to ensure that both parents are fully informed and have an opportunity to raise any concerns with the court before a passport is issued. Even if you have sole legal custody, Indiana law still requires you to provide notice unless both parties have agreed in writing to waive it. However, if you have a court order granting you sole legal custody, you may apply for the passport without the other parent’s consent, but you must still follow the notice procedure. Indiana law allows both parents to... --- - Published: 2025-04-17 - Modified: 2025-04-17 - URL: https://www.mcneelylaw.com/recording-calls-what-is-the-law/ - Categories: News Recording Calls: What is the law? Indiana is considered a “one-party consent” state. (IC 35-31. 5-2-176). This means that it is legal to record a telephone call as long as at least one party to the conversation gives their consent. For example, if there are two parties to a telephone call then this standard is satisfied if one party chooses to record. A third-party who wishes to record the conversation must obtain consent from one of the parties involved in the conversation before a recording may be initiated. However, a minority of states utilize an “all-party consent” standard. Typically, in these all-party consent states, every party to the telephone conversation must consent if someone wishes to record. But it is important to check your state laws as there can be exceptions. For example, Illinois makes it illegal for someone to record a private electronic conversation to which he or she is not a party unless he or she obtains the consent of all the parties to the conversation. (720 I. L. C. S 5/14-2(a)(3)) Similarly, in Montana, a person may not record a conversation without the knowledge of all parties to the conversation, but this does not apply to persons given warning of the recording; if one person provides the warning, either party may record. (Montana Code 45-8-213(2)(iii). Conflict of Law: What happens when one state is a one-party consent and the other is an all-party consent? Often times, telephone calls are conducted between parties who reside in different states.... --- - Published: 2025-04-15 - Modified: 2025-04-15 - URL: https://www.mcneelylaw.com/what-is-the-new-apple-ios-feature/ - Categories: News - Tags: AI, apple What is the new Apple iOS feature? Apple launched a new feature in a recent software update that allows users to record any phone or Facetime call, and a transcript will be automatically generated. During a call, any party may initiate a recording, and Siri will announce to all parties that a recording has begun. However, if another party joins the call after Siri has notified the parties of a recording, there will be no renotification to the newly joined participant. If a participant to the call does not wish to be recorded, there is no way for them to end the recording; the recording will continue until it is either stopped by the initiating party or the call is terminated. Once the recording has started, the party that initiated the recording will be notified that a new note is created in their “Notes” app. While only the initiating party will have access to the recording and transcript, said party can use the share feature of the Notes app to send the recording and transcript to whomever they want. After the call has been ended, the initiating party will have access to the recording, and for those who have Apple Intelligence enabled, a summary of the transcript may be provided. Considerations for Lawyers and Clients Some ethical concerns may be raised given this new technology, and the Model Rules of Professional Conduct give guidelines on how lawyers may navigate Apple iOS 18. 1. Confidentiality Under Model Rule 1. 6, lawyers... --- - Published: 2025-04-10 - Modified: 2025-04-10 - URL: https://www.mcneelylaw.com/forming-your-own-llc-in-indiana/ - Categories: News - Tags: #business #LLC #corporation, LLC Are you considering starting a business in Indiana? Forming a Limited Liability Company (“LLC”) can be an excellent choice for entrepreneurs in the Hoosier State. LLCs offer liability protection and tax advantages, making them an attractive option for small business owners. Let’s walk through the key steps to form your own LLC in Indiana. Choose a Business Name First, select a unique name for your LLC that complies with Indiana’s naming rules. Your business name must include “LLC,” “L. L. C. ,” or “Limited Liability Company. ” Conduct a business name search through the Indiana Secretary of State website to ensure your chosen name is available. File Articles of Organization To officially establish your LLC, you’ll need to file Articles of Organization with the Indiana Secretary of State. This can be done online or by mail, with a filing fee of $98 for online submissions and $100 for mail filings. The Articles of Organization should include: Your LLC’s name A business email address Your LLC’s principal office address Registered agent information Appoint a Registered Agent Every Indiana LLC must have a registered agent - an individual or entity authorized to receive legal documents on behalf of your business. You can act as your own registered agent or hire a professional service. Create an Operating Agreement While not legally required in Indiana, creating an operating agreement is highly recommended, even for single-member LLCs. This document outlines how your LLC will be run, including: Ownership structure Management responsibilities Profit distribution Voting rights... --- - Published: 2025-04-04 - Modified: 2025-04-04 - URL: https://www.mcneelylaw.com/police-searches-of-cars/ - Categories: News The constitution created a federal protection against unreasonable searches and seizures being conducted without a search warrant. However, not every search done by police without a search warrant is illegal. There are many exceptions to the general rule of the police’s need to have a search warrant. First, police do not need a search warrant to search someone’s car if that person consents to the search. So, if you tell the officer they can search your vehicle, the warrantless search is legal. Additionally, the plain view exception allows officers to legally search and seize items within your vehicle without a warrant. This means that if contraband is visible to the office without the officer having to look around for it or move other items to reveal it, the officer can then search your vehicle and seize contraband that he finds. The officer must have a lawful right of access to the items in plain view and the items incriminating character must be immediately apparent. For example, if you are pulled over for speeding and you have an empty bottle of liquor in your cup holder, that item is in plain view and may prompt a search of your vehicle. Here, the officer is legally allowed to pull you over for the speeding and he is allowed to stand at your door and see into your vehicle from his position. The empty liquor bottle is clearly incriminating because it is illegal to drink alcohol and drive. The other important exception is... --- - Published: 2025-04-01 - Modified: 2025-04-01 - URL: https://www.mcneelylaw.com/title-endorsements-and-title-objections-what-to-know-when-purchasing-real-estate/ - Categories: News Endorsements A title confirms that you legally own property and gives you the right to sell that property. When a person purchases a home, ownership transfers to that person by way of deed, giving them the legal right to own and sell the home. However, issues could arise around the ownership interest and to help protect homeowner and lender investment, it is encouraged that title insurance be purchased. Taking protection a step further, title endorsement provides coverage beyond a home buyer’s standard title. Selecting the right endorsement could prevent costly expenses or losing your home. Title endorsements add additional protection by adding property-specific coverage or modifying exceptions to the current policy. Typically, a title endorsement will cost up to $75 depending on the underwriter of the policy and the state in which the sale is being performed. There are around 100 different types of real estate title endorsements allowing for a custom fit for your property and situation. A few common title endorsements include Easements and Encroachments; Minerals and Subsurface Substances; Survey Coverage; Access and Entry; Zoning; and Contiguity. Title endorsements are not a necessity for each real estate transaction, but in certain situations where you or your attorney may believe there to be a specific issue with your title, you can purchase a title endorsement to protect against that issue. Objections A title objection letter is used by a prospective real estate purchaser to comment on or raise any concerns regarding the title report or commitment issued by the... --- - Published: 2025-03-27 - Modified: 2025-03-27 - URL: https://www.mcneelylaw.com/can-fishers-put-a-cap-on-rental-homes-in-subdivisions/ - Categories: News The city of Fishers, Indiana is currently attempting to restrict how many homes in a subdivision can be rental units owned by a landlord. The proposed city ordinance would cap the number of rental homes in each Fishers subdivision to 10% of the homes in the subdivision. Current landlords will be grandfathered in if the ordinance does pass, meaning that landlords renting out homes in subdivisions above the threshold will still be able to keep renting them, but won’t be able to acquire new homes in the subdivision for the purpose of renting them out. In addition, the ordinance will require any landlord renting out a home to get a permit from the city. This permit will be permanent, and permits will not be given to landlords attempting to buy units in subdivisions that are already above the 10% threshold. If the ordinance passes, it will be enacted and go into effect on January 1, 2026. The city’s goal is to limit corporations and investors from buying up too many homes in Fishers. Proponents of the ordinance argue that these entities outbid families that want to buy a house to live and gain equity in. The city data shows 2,522 homes in Fishers being rental units. This is a novel law here in Indiana and is sure to face legal challenges. While there is no Indiana statute expressly prohibiting the ordinance, there is not one that expressly grants local bodies of government the power to cap rental homes in subdivisions.... --- - Published: 2025-03-26 - Modified: 2025-03-26 - URL: https://www.mcneelylaw.com/what-is-a-non-competition-clause/ - Categories: News - Tags: non-competition clause More commonly referred to as “non-compete,” this type of provision includes an agreement in which one party promises not to take certain actions that could increase competition for the other party. More specifically, these clauses typically prevent individual’s from working for a competitor, or having an ownership interest in a competitor, during and after the individual’s period of employment by, or ownership of, a business. In addition to being limited in scope to a specific industry or performing specific job responsibilities, these provision generally apply over a limited period of time, within a limited geographic area. These clauses are most common in the employment context or pursuant to the sale or ownership of a business. Non-compete clauses may be standalone agreements or could be included in a more comprehensive contract. What is a non-solicitation clause? A non-solicitation clause typically restricts former employees or owners of a business either from soliciting clients or employees of the business. This type of agreement is usually found in the employment or sale of a business context as well, particularly when the nature of the business is highly competitive. These types of provisions are generally not standalone agreements and are more commonly found as a part of a more comprehensive contract. How do these clauses differ? Non-competition and non-solicitation provisions are both considered restrictive covenants. The main purpose of a non-competition clause is to restrict workers from seeking a job with a competitor or from starting a competing business. Former employees may have valuable information... --- - Published: 2025-03-20 - Modified: 2025-03-15 - URL: https://www.mcneelylaw.com/zoning-and-hoa-regulations/ - Categories: News - Tags: regulations, zoning Purchasing a home can be both exciting and stressful; you might envision improvements and additions to customize a home to make it your own. However, when house hunting, it is crucial to check the applicable zoning ordinances and HOA regulations. Certain regulations can prevent you from using your property in specified ways. What Are Zoning Regulations? Zoning regulations are local laws that lay out permitted uses for certain sections of land. For example, when seeking to purchase or build a home, the land typically must be designated for residential purposes. Other purposes can include agricultural, industrial, or commercial use. Essentially, zoning regulations can restrict not only the use of the property but may also set standards in terms of the size, placement, and features of any development on the property. For example, zoning regulations can be used to regulate building heights, restrict noise levels, require open spaces, and limit the density of land development. To ensure that your plans for a home are permissible, be sure to check your local zoning regulations in detail. If your desired property (or use for a property) does not fit within the existing zoning ordinance, you can sometimes request a variance, exception, or change of zoning classification to suit your intended use. What is an HOA? A Homeowners Association (HOA) is an organization that regulates a community of individual dwellings. HOAs are increasingly widespread in residential development. In 2024, roughly 77. 1 million residents were members of an HOA, and in Indiana specifically, there... --- - Published: 2025-03-18 - Modified: 2025-03-13 - URL: https://www.mcneelylaw.com/general-overview-of-indiana-cemetery-law/ - Categories: News - Tags: care fund, cemetary Rules pertaining to cemetery associations in Indiana can primarily be found in the Indiana Code. In this post we will discuss some annual submission requirements that pertain to cemeteries under the Indiana Code. Some of the specific rules and regulations for cemeteries in Indiana can be found under Indiana Code section 23-14-46 et seq. Generally, per Indiana Code, the owner of a cemetery may make and enforce rules and regulations for the use, control, management, restriction, and protection of all parts and subdivisions of the cemetery, so long as such rules do not conflict with applicable subsections of the Indiana Code. To own or maintain a cemetery there are three annual submission requirements that typically must be followed. Under Indiana Code section 30-2-13-31 (which generally applies if a cemetery is selling prepaid services or merchandise) a cemetery must file an annual report with the state board of funeral and cemetery service (the “Board”) that provides (among other things): (a) the name and location of each cemetery; (b) the name and business address of the owner of the cemetery (or the names and business addresses of the resident agent and chief officer if the owner is not a natural person); (c) the amount of funds received by the owner of the cemetery during the previous fiscal year that are subject to trust requirements; (d) the amount of money or identity of other property received subject to trust requirements; and (e) additional information as set out by statute relating to any holder... --- - Published: 2025-03-13 - Modified: 2025-03-13 - URL: https://www.mcneelylaw.com/understanding-indemnification-provisions/ - Categories: News - Tags: #Contracts #Idnemnification #Business Indemnification provisions are crucial components of many contracts, serving as powerful tools for risk allocation between the parties. These clauses, which are often heavily negotiated, can significantly impact the financial responsibilities of businesses and persons in various scenarios. An indemnification clause is an agreement where one party (the indemnitor) agrees to compensate another party (the indemnitee) for losses incurred under particular circumstances that are set out in the contract. This clause is often also referred to as a “hold harmless” provision, and essentially transfers the financial burden of potential risks from one party to another. Indemnification provisions often include an additional obligation for the indemnitor to defend (at its expense) the other party from claims that are covered by the indemnification clause. Indemnification clauses may vary greatly in scope, with different scopes being used to shift the allocation of risk between the parties to the provision. Descriptions of general scopes that are sometimes used include: Broad indemnification clauses, which provide the most extensive protection to the indemnified party. These clauses may include indemnification obligations in which the indemnitor covers losses of the indemnitee even if such losses are solely caused by the indemnitee’s negligence. This very broad form of indemnification has been restricted in some states (and may be subject to specific drafting guidelines in others), so it is a good idea to check the law governing this type of provision prior to including it in an agreement. Less broad indemnification clauses, which may include language requiring the indemnitor to... --- - Published: 2025-03-11 - Modified: 2025-03-11 - URL: https://www.mcneelylaw.com/indiana-cottage-food-laws/ - Categories: News - Tags: cottage food, Indiana Law Many states regulate the sale of homemade foods, also known as “cottage foods. ” These regulations are often regarded as necessary for food safety. Indiana has been revising its laws in this area periodically over the last 15 years, so let’s look at where we stand now after the enactment of Indiana House Bill 1149. First, let’s look at regulations on the production of these foods. Indiana does not require any registration or inspection of your home kitchen before you may begin producing cottage foods, but you are subject to inspections in the future. In localities (towns, cities, or counties) that might have local ordinances requiring such, Indiana law overrides those ordinances and allows home kitchens to proceed without inspections or registration. Indiana also does not require any licensure or permitting to produce homemade foods for sale. While some states require government approval of the recipes or even lab testing, Indiana does not. What Indiana does require is for at least one person who works in the home kitchen to have a food handler’s certification. These can be obtained through vendors such as ServSafe, NRFSP, Always Food Safe, or another approved provider. Next, we will address sales regulations. There is no annual cap on how much homemade food you may sell in Indiana. That said, you may not sell homemade goods to retail outlets. This includes grocery and food stores as well as restaurants. However, cottage foods may be sold direct-to-consumer in any location in Indiana. This can be from... --- - Published: 2025-03-07 - Modified: 2025-03-07 - URL: https://www.mcneelylaw.com/keeping-business-entity-info-updated-with-state/ - Categories: News Do you have a business that it registered in Indiana? If so, it is important for your business to keep its information up to date with the secretary of state’s records for several reasons. Any business registered with the secretary of state must file a business entity report. Your company’s first business entity report is due two years after the business is formed or registered. After that, a subsequent report must be filed every other year to maintain the active status of the business. The ensuing reports are due on the same month and day that the business was originally formed, but the secretary of state will give your business until the end of the month before the report is considered past due. A small filing fee is due with the report, but it is relatively reasonable and can be paid online at the INBiz website or by mail. There are consequences if your company fails to file or update its information with the secretary of state on time. By failing to file a business entity report on time or accurately, the state will dissolve your business if it is an Indiana business or revoke your business if it is a foreign business. If your business is determined to have filed inaccurately, you will be notified by the secretary of state and will have sixty days from notification to correct the filing in order for the filing to be considered timely. Once your business has been dissolved or revoked, it... --- - Published: 2025-03-04 - Modified: 2025-03-04 - URL: https://www.mcneelylaw.com/contracts-void-versus-voidable/ - Categories: News A contract is an agreement between two or more parties creating obligations that are enforceable by law. In short, a contract sets out the legal relationship between the parties to the contract regarding the subject matter of the contract. Society recognizes the agreement and, in the event of a breach of an obligation by a party, provides remedies to the party to whom the obligation was due. Indiana recognizes that it is in the best interest of the public not to unnecessarily restrict an individual’s freedom to enter into a contract. However, the law also recognizes that a valid and enforceable contract must meet certain requirements. In general, a contract is formed through a meeting of the minds that is expressed through offer and acceptance. Contracts must also have adequate consideration. In addition, there are certain contracts that the law will not recognize as valid. These may include contracts that cannot be executed lawfully or contracts that violate public policy. If a contract creates an incentive to commit acts that society has made illegal or disproves of, it may be against public policy. In the event that a dispute arises out of one of these contracts, a court may say the contract is void. Though the parties have gone through the process of making a contract, no contract has been formed because it lacks an essential element. A void contract is incapable of ratification. A voidable contract, by contrast, is a contract in which a party to the contract has... --- - Published: 2025-02-27 - Modified: 2025-02-27 - URL: https://www.mcneelylaw.com/drone-usage-state-and-federal-laws/ - Categories: News Drones continue to increase in popularity, both for recreational users and for commercial purposes. Often referred to as unmanned aerial vehicles or unmanned aircraft in statutes and regulations, drones and their operators are subject to both federal and state rules. This article is focused on drone usage as a hobby, not commercial or government drone usage, so it will only cover laws and regulations regarding recreational usage of drones weighing more than 0. 55 pounds but less than 55 pounds. This is not an exhaustive list of all the applicable laws, but it will explain many of the main rules that apply. Federal law requires recreational drone pilots to either have a remote pilot certificate or to operate their drone in accordance with the safety guidelines of an FAA-recognized Community-Based Organization. Drone operators are also required to keep the drone within their line of sight of the or the line of sight of a visual observer that is in direct communication with the operator. Federal law prohibits drone operation from interfering with any manned aircraft operation, and the drone cannot be operated in certain regulated airspace without FAA-approval. The operator is also required to have passed an aeronautical knowledge and safety test and must have proof readily available. Additionally, recreational drone users must register their drone with the FAA. There are specific Indiana regulations regarding drone usage as well. Indiana bans the usage of drones during hunting season to help detect or search for wild animals. However, a hunter is... --- - Published: 2025-02-25 - Modified: 2025-02-25 - URL: https://www.mcneelylaw.com/medical-debt-impacting-your-credit-reports/ - Categories: News On January 7th, the Consumer Financial Protection Bureau (CFPB) voted to implement a rule which would impact what kinds of debt are allowed to be included in credit reports. Under a proposed rule, after March 17, 2025, medical debt will no longer be included in credit reports governed by the Fair Credit Reporting Act. The rule was first proposed to help combat inflation and rising interest rates stemming from the COVID-19 pandemic. The CFPB was motivated to make this rule due to recent findings about the way that medical debt affects American credit reports. The CFPB reported that approximately 43 million Americans had medical bills on their credit reports. The total amount of medical debt reported? 88 billion dollars. According to further findings, medical bills comprised 58 percent of the bills that were reported to be in collections on people’s credit reports. Research also showed that medical billing data that was reported is less predictive of future repayment than more traditional reporting like debt-to-income ratio or length of credit history. This is because medical debt is often disputed, causing disagreements with insurance, mistakes in billing, or confusion over complex billing practices. Taken together, this arguably makes medical debt less probative of creditworthiness than other traditional factors. The rule will do three important things: Ban the inclusion of medical debt on credit reports used by lenders, Prohibit lenders from using medical information in their lending decisions, and Restrict lenders from taking medical devices as collateral for a loan and prevent them... --- - Published: 2025-02-21 - Modified: 2025-02-21 - URL: https://www.mcneelylaw.com/the-legal-implications-of-ai-in-business-decisions-making/ - Categories: News Artificial Intelligence (AI) is revolutionizing the way businesses operate and make decisions. However, this technological advancement can come with a variety of legal implications that companies have to navigate carefully. As AI becomes more prevalent in business decision-making processes, it’s imperative to understand the potential legal challenges and how to address them. One of the primary concerns surrounding AI in business decision making is data privacy and protection. AI systems often require large amounts of data to function effectively, which can include sensitive personal information. Companies using AI must ensure compliance with various data protections laws such as the GDPR in the EU and state-specific laws in the United States. These regulations often restrict cross-border personal information. These regulations often restrict cross-border personal information transfers and require transparency in automated decision-making processes involving personal data. AI systems can inadvertently perpetuate or even amplify biases present in their training data, leading to discriminatory outcomes in business decisions. This is particularly concerning in areas such as hiring, lending, and customer service. Businesses must be vigilant in checking for and mitigating bias in their AI systems to avoid potential legal issues related to discrimination. The use of AI in business decision-making raises complex intellectual property (IP) questions. Companies must consider how to protect AI-generated IP, determine ownership of AI-created content, and navigate potential infringement issues. As AI systems become more autonomous in decision-making, questions of liability and accountability are raised. When an AI system makes a decision that leads to harm or loss,... --- - Published: 2025-02-19 - Modified: 2025-02-19 - URL: https://www.mcneelylaw.com/online-terms-and-conditions-and-assent/ - Categories: News Websites will often put terms and conditions of use in locations that are not necessarily obvious to find for the user of the website. Some websites will have terms and conditions placed in a link at the bottom of the page, some will only present them to you if you attempt to buy a product, and some may not even link them anywhere. An important question then is when are terms and conditions enforceable against the user of a website? The term that is often used to indicate that someone has agreed to something, such as a company’s terms and conditions, is assent. When a user assents to terms, it means that the user has agreed to the terms, which will then be binding against the user. Assent can be given when the user has notice of the terms and conditions. Notice can be through actual knowledge or constructive knowledge. Actual knowledge is as straightforward as it sounds. If the user is actually aware of the terms and conditions, has been told about them, or for another reason has information about the terms, then the user has actual notice. Constructive knowledge is a bit more complicated. A user has constructive knowledge when the terms and conditions are presented in a way that the user should reasonably know about the terms and conditions. There are two types of agreements that are often used on websites: browsewrap agreements and clickwrap agreements. Browsewrap agreements are agreements in which the user does not have... --- - Published: 2025-02-13 - Modified: 2025-02-13 - URL: https://www.mcneelylaw.com/foreclosure-process-and-debtors-rights/ - Categories: News Foreclosure is a stressful process for anyone, but if a lender is foreclosing against you make sure you know your rights and what property is protected from foreclosure. First, for a foreclosure action to be brought against a debtor, the debtor must be in default on payments. This means that the debtor must have missed a payment or not paid a monthly payment in full, including any late fees. Once a debtor is in default, the creditor may “accelerate” all payments owed, meaning the creditor declares the full debt payment immediately due. Under many loan agreements, until the creditor has notified the debtor of the acceleration of the full debt, the debtor can reinstate the debt to the normal monthly payment schedule by paying the full past due amount. Once a debt has been accelerated, many lenders will pursue foreclosure. A debtor has a right to receive a pre-suit notice at least thirty days before a creditor files a foreclosure action. This notice must advise the debtor of the default and provide information regarding seeking assistance from a mortgage foreclosure counselor. The required notice must also inform the debtors of certain actions she can take before the foreclosure sale, including redeeming the property under certain circumstances and retaining possession of the property under certain conditions. Lastly, the debtor must be notified that she has a right to participate in a settlement conference with the creditor. If the debtor exercises this right, she has the right to bring an attorney with... --- - Published: 2025-02-11 - Modified: 2025-02-11 - URL: https://www.mcneelylaw.com/nil-basics-for-prospective-student-athletes-in-indiana/ - Categories: News Name, Image, and Likeness (“NIL”) is still a very new and complex issue in college sports today. There have been very few regulations on NIL rules and the NCAA has had trouble creating rules to govern this new NIL landscape. The case that paved the way for college student-athletes to be compensated for their abilities outside of scholarships was NCAA v. Alston. Ever since the United States Supreme Court ruled that the NCAA’s restrictions on the ability of a student athlete to be compensated in relation to their status as an athlete was unconstitutional, NIL compensation has been subject to very few limitations. NCAA v. Alston was the staple Supreme Court case in allowing student-athletes to be compensated for their name, image, and likeness. The District Court held, and the Supreme Court affirmed, that by limiting student-athletes compensation to scholarships and expenses, the NCAA was violating federal antitrust laws. After the door was opened for student-athletes to be paid from resources not directly associated with the universities (for example, individual donors) multiple lawsuits against the NCAA ensued. Three cases that recently ended in settlement are House v. NCAA, Hubbard v. NCAA, and Carter v. NCAA. This settlement includes back damages being paid by the NCAA in the amount of approximately $2. 78 billion. These back damages will be paid over 10 years with the distribution to be determined by the plaintiffs. Most importantly, this settlement offers some clarity on the possible future of NIL in NCAA sports. The new model... --- - Published: 2025-02-06 - Modified: 2025-02-06 - URL: https://www.mcneelylaw.com/tax-increment-financing/ - Categories: News Tax Increment Financing (TIF) is a powerful financing tool that is used to fund economic development and promote investment in infrastructure. TIF is based on capturing future increased tax dollars that are generated because of a real estate development project. TIF allows local governments to raise money for development projects, to attract federal matching funds for those projects and to target specific areas for economic development. All states except for Arizona have adopted TIF-enabling legislation, but laws governing TIF can vary from state to state. Before capturing TIF revenue, a local government wishing to utilize TIF must designate an area as a TIF district and create a Redevelopment Commission (RDC). The RDC must then make a declaration of a public purpose, prepare a plan, and approve a declaratory resolution. A public hearing is held after RDC approval, and the local fiscal body approves the resolution. Once the resolution is adopted, a redevelopment project area is established. Lastly, the determination of a redevelopment project area is approved by the local legislative body that designated the TIF district and created the RDC. Once established, the increase in future real estate taxes on properties within the district attributable to development will be captured and made available for TIF purposes. A common way local governments use the TIF tool is to issue bonds to raise large amounts of capital to pay for infrastructure up front, then use the TIF proceeds to make the bond payments over the term of the bond. This process shows... --- - Published: 2025-02-04 - Modified: 2025-02-04 - URL: https://www.mcneelylaw.com/family-burial-lots/ - Categories: News The death of a family member is never easy, and in these times, other family members often seek to maintain the honor and respect of those who have passed. So, what is a family burial plot? A family burial plot is essentially a designated area within a cemetery where family members can be laid to rest next to each other. Family burial plots can assist not only with the practicality of burying your loved ones, but also with maintaining the sanctity of the family unit. Loved ones can visit their family members in one centralized location, allowing for preservation of the ancestry. Burial plots can include one or more grave spaces, mausoleum crypts, garden crypts, and niches. This means a grave or other structure that holds the deceased’s remains or ashes. If the record owner of the burial rights of the plot passes away, then the burial plot will be considered a family burial plot if the plot has already been used for the burial of the record owner, if the deceased did not formally transfer burial rights to someone else through a will or transfer, and if the plot has been used for at least one burial. In such family burial plot, one designated spot may be for the record owner, then there may be a designated spot for the surviving spouse, and if there are spaces remaining, parents or children of the deceased record owner may have a spot. In the event there are no surviving parents or... --- - Published: 2025-01-31 - Modified: 2025-01-31 - URL: https://www.mcneelylaw.com/governor-mike-brauns-recent-executive-orders-and-their-implications-for-indiana-businesses-and-state-operations/ - Categories: News - Tags: executive order, government Indiana Governor Mike Braun has signed 19 executive orders shorty after taking office. These orders implement some changes to state government operations with the intent to run Indiana “like a business” as Braun has consistently iterated. One of the most talked about executive orders is the Elimination of DEI Initiatives (EO 25-14) Governor Braun has replaced Diversity, Equity, and Inclusion (DEI) programs with a focus on Merit, Excellence, and Innovation (MEI). This order closes the Office of Equity, Inclusion, and Opportunity. This order further prohibits the use of state funds, property, or resources to support DEI initiatives and forbids mandating individuals to disclose their pronouns. Potential Impact of EO 25-14 on MBE/WBE Programs: While the executive order does not explicitly mention Minority Business Enterprise (MBE) or Women’s Business Enterprise (WBE) programs, there’s a possibility that these initiatives could be affected. The order’s broad language prohibiting the use of state funds for DEI initiatives may extend to programs offering advantages in state contracting to minority or women-owned businesses. Implications of Other Key Executive Orders: EO 25-16 requires state employees who have been working remotely to return to in-person work by July 1, 2025. The order also requires the development of policies by the Secretary of Management and Budget that can serve as guiding “limited exceptions” to the order. EO 25-17 mandates a 25% reduction in state regulations by January 1, 2029. This could significantly affect businesses across various sectors, potentially easing compliance burdens. EO 25-18 is about Professional Licensing Deregulation. Agencies... --- - Published: 2025-01-21 - Modified: 2025-01-21 - URL: https://www.mcneelylaw.com/trespassers-licensees-and-invitees-whats-the-difference-part-2/ - Categories: News - Tags: licensee, trespass, trespassers Licensees are the second of three distinct types of entrants recognized under Indiana law. This post will discuss the definition of a licensee, and the duty of care owed to them by the landowner or controlling party of the premises. Licensees, like trespassers, enter the land of another for their own convenience, curiosity, or entertainment and take the premises as they find them. However, licensees are different from trespassers in that licensees have the privilege to enter or remain on the land by the landowner’s permission or acceptance of the licensee’s presence. This is different from an invitee, where an invitation conveys a landowner’s desire for a person to enter their property rather than simply permitting them to enter. This distinction is crucial for determining premises liability. Landowners as well as tenants and other people with the authority to exercise control over the property can be held responsible for injury to an entrant. While both trespassers and licensees take the premises as they are when entered, licensees are owed a higher duty of care than trespassers. A landowner has a duty to warn licensees against any known dormant or hidden danger on the premises and must refrain from willfully or wantonly injuring the licensee. Willful or wanton conduct includes a disregard of a known risk that the licensee cannot reasonably be expected to anticipate. It is important to note that Indiana also recognizes the “fireman’s rule. ” Under this rule, a professional firefighter who enters onto property to respond to... --- - Published: 2025-01-16 - Modified: 2025-01-16 - URL: https://www.mcneelylaw.com/community-associations-and-the-corporate-transparency-act/ - Categories: News - Tags: cta, hoa law The Corporate Transparency Act (the “CTA”) went into effect on January 1, 2024, and was enacted to promote greater transparency regarding business entity ownership. This law creates new reporting requirements for certain types of business entities, including most Home Owners’ Associations (“HOAs”) and Condominium Associations (collectively referred to herein as “Community Associations”). This summary will provide an outline of the reporting requirements and penalties under the CTA, specifically as they relate to Community Associations. The enforceability of the CTA is currently going through the judicial process (more on this below), but the following provides an overview of the CTA as enacted. Does the CTA Apply to My Community Association? For most Community Associations, the answer is likely yes. While there are 23 exemptions regarding which entities must report under the CTA, the only one that might apply to a Community Association is if it was formed as a 501(c) under the Internal Revenue Code. Assuming this exemption does not apply to your Community Association, it will be required to report information regarding its beneficial owners to the Financial Crimes Enforcement Network (commonly known as “FinCEN”) by the applicable deadline. What information must be provided? Community Associations are required to provide general company information, beneficial owner information, and in some situations, company applicant information. Beneficial owners are any individuals who exercise control over the Community Association. This is presently interpreted as all board members and officers. Community Associations must disclose the full legal name, date of birth, current residential address, and... --- - Published: 2025-01-10 - Modified: 2025-01-10 - URL: https://www.mcneelylaw.com/delta-8-thc-legal-status-and-risks-in-indiana/ - Categories: News Many gas stations, convenience stores, and other places have been selling Delta-8 THC products for some time now in Indiana, and almost everyone has the same question: is this legal? Unfortunately, our state’s laws do not provide a clear answer. Although possession of marijuana has been legalized (whether for medical or recreational use) in over 75% of U. S. states, it remains a Schedule 1 controlled substance at the federal level and in Indiana. However, Indiana’s definition of marijuana excludes a category of substances called “low THC hemp extract. ” Low THC hemp extract is a substance or compound that comes from hemp (a low-THC version of the cannabis plant) and contains no more than 0. 3% Delta-9 THC (or its precursors) by weight and no other controlled substances. Delta-9 THC is the main psychoactive chemical found in marijuana. While Delta-8 and Delta-9 THC are nearly identical compounds, a small chemical difference makes them legally distinct in Indiana. Although Indiana law does not explicitly address Delta-8 THC, Indiana Attorney General Todd Rokita released an Official Opinion in 2023 stating that Delta-8 THC meets Indiana’s definition of a Schedule 1 controlled substance. In part, this reasoning relies on the fact that, unlike federal law, Indiana does not distinguish between THC (regardless of which “Delta” variant) derived from marijuana or from hemp. Accordingly, even if a Delta-8 product satisfies the limitation on the amount Delta-9 THC contained in it, the presence of Delta-8 THC places the product outside the definition of low... --- - Published: 2025-01-02 - Modified: 2025-01-02 - URL: https://www.mcneelylaw.com/trespassers-licensees-and-invitees-whats-the-difference/ - Categories: News In Indiana, a landowner’s duty to an entrant on their property is subject to a distinction between trespassers, licensees, and invitees. The first post in this series addresses the trespasser and the duties of care that a landowner owes to those who are unlawfully on their property. Trespass in Indiana can be considered a criminal or civil matter. Criminal trespass occurs when a person either intentionally enters the property of another after having been denied entry or the person refuses to leave after being instructed to. Civil trespass occurs any time a person enters the property of another without authorization. Criminal trespass, at minimum, is a Class A misdemeanor, which can lead to a sentence of up to one year of imprisonment and a fine of up to $5,000. Depending on the circumstances, the trespass may qualify as a Level 5 felony. Civil trespassers may be sued by the landowners for damages. Trespass is subject to strict liability, meaning that someone who enters your property without permission is civilly liable for trespassing even if they did know they were trespassing. Indiana landowners owe the lowest duty of care to trespassers, compared to licensees or invitees. Pursuant to Indiana Code section 34-31-11-3, a possessor of land does not owe a duty of care to a trespasser, except to refrain from willfully or wantonly injuring the trespasser, after the trespasser has been discovered on real property possessed by the possessor of land. Willful and wanton conduct may consist of either intentional acts... --- - Published: 2024-12-31 - Modified: 2024-12-31 - URL: https://www.mcneelylaw.com/indiana-laws-taking-effect-january-1st/ - Categories: News - Tags: 2025, House Bill, law, New Laws, New Year With a new year comes new legislation. On January 1, 2025, three changes in Indiana law will take effect. Here’s what to know about these changes and how they could affect you. House Bill 1093 relaxes the restrictions on employed teens age 16-17. The Bill will remove certain restrictions on the number of hours that these teens can work, allowing teens between 16 and 17 to work the same shifts as adults with or without adult supervision, so long as the work does not fall under prohibited categories such as hazardous conditions. Though, in Indiana, the prohibition on a 16- or 17-year-old working in hazardous conditions does not apply to agricultural work. Regulations on minors age 14-15 remain largely unchanged. These teens are still limited to working a maximum of 3 hours per day on school days and 8 hours per day on non-school days, for a total maximum of 18 hours per week in a school week or 40 hours per week in a non-school week. For most of the year, these teens may not work before 7:00 a. m. or after 7:00 p. m. However, from June 1 through Labor Day, the law allows 14- and 15-year-old teens to extend their working hours to 9:00 p. m. Employers will not be fined by the State for violations of these working hours if the violation is 10 minutes or less. The first of the year may bring bigger paychecks, not because everyone gets raises, but because the Indiana state... --- - Published: 2024-12-17 - Modified: 2024-12-17 - URL: https://www.mcneelylaw.com/the-risks-of-using-outdated-contract-templates/ - Categories: News - Tags: contracts, old templates, outdated templates, risk In the fast-paced world of business, efficiency often takes priority. While it is tempting to reuse an old contract template to save time and resources, it might not be the best idea. Relying on outdated contract templates can expose your business to significant legal and financial risks. Here’s what every business should know about the dangers of sticking with outdated documents. First, laws and regulations are constantly evolving, and contract language that was legally compliant a few years ago might now be obsolete or even unlawful. For example, changes in labor laws, data protection regulations, or industry-specific compliance requirements may render certain clauses invalid. Using outdated templates can result in unenforceable contracts or costly legal disputes. Second, business practices, market conditions, and technology evolve over time, and so should your contracts. Using old templates may mean your terms and conditions no longer reflect current realities. This can leave your business exposed to gaps in coverage or ambiguous provisions. Contract forms should be living documents that adapt to your business’s growth and changing priorities. Outdated templates might not include new terms that better protect your interests or align with your current objectives. Moreover, older templates might use vague or outdated language that no longer aligns with current legal standards. Ambiguous terms increase the risk of disputes and costly litigation. Outdated contracts can signal to clients, vendors, and partners that your business is behind the times. Modernizing your templates demonstrates that your company is proactive, professional, and aligned with current industry standards.... --- - Published: 2024-12-13 - Modified: 2024-12-13 - URL: https://www.mcneelylaw.com/title-insurance-endorsements-and-title-objections/ - Categories: News - Tags: mortgage endorsements, title endorsements, title objections A title to real property confirms that you legally own a specific piece of real property and gives you the right to sell that property. In Indiana, legal record title is the highest evidence of ownership and raises a rebuttable presumption of ownership. 24 Ind. Law Encyc. Property § 13. Since title is important to proof of ownership of your property it is smart to insure your title work to minimize your risk of issues like fraud or documentation errors. Two tools that you could use to help protect your title work are title insurance endorsements and title objections. Title objections are used by prospective purchasers to raise any concerns they may have relating to a title report from a title company. These objections are a subjective determination and can prevent a closing if the objection is not a permitted exception to the title or if the title company is unable to remove the objection from the title report. Commercial Real Estate Transactions § 12:3 (3d ed. ). The determining factor on whether a title objection exists is “whether the purchaser expected the exception to exist and whether they provided for it in the contract or mortgage commitment. ” Commercial Real Estate Transactions § 12:3 (3d ed. ). Some of the following are a few permitted examples of title objections: Defective descriptions Liens Unpaid taxes Building code violations Break in the chain of title Title insurance endorsements provide additional protections for a purchaser by adding specific coverages and modifying exceptions... --- - Published: 2024-12-10 - Modified: 2024-12-10 - URL: https://www.mcneelylaw.com/protections-when-applying-for-a-loan/ - Categories: News Interested in learning more about your protections when applying for a loan? Read our blog about it here: Applying for a loan can be a big decision in one’s life, so make sure you know what rights and protections you are guaranteed when applying for one. The federal government has passed several acts concerning this exact subject, specifically because of how little protection there used to be everyday people who were applying for loans. The Truth in Lending Act requires lenders to disclose certain terms on many kinds of loans to borrowers when they are applying for a loan. These disclosures include the annual percentage rate of the loan, the number of monthly payments that will be required to pay back the loan, as well as items like how much money is being borrowed, how much it will cost to pay back the money, and other similar information. Another protection extended to borrowers applying for a loan comes from the Equal Credit Opportunity Act (“ECOA”), which prohibits a lender from discriminating based on race, color, religion, national origin, sex, marital status, or age when considering extending credit. If a lender does deny a potential borrower a loan based on one of these characteristics, then, depending on the kind of loan involved, one of a number of different federal agencies may report the violations to the Department of Justice. In addition to these protections provided when a borrower is applying for a loan, the ECOA requires several pieces of information to... --- - Published: 2024-12-05 - Modified: 2024-12-05 - URL: https://www.mcneelylaw.com/indiana-water-law-what-is-the-common-enemy-doctrine/ - Categories: News The common enemy doctrine is a rule under Indiana law providing that surface water is a common enemy and each landowner can deal with it in a manner which suits their convenience. In many situations, the common enemy doctrine permits property owners to divert or change the course of surface water to flow away from their property by improving their land by changing the grade of the land or eliminating ground absorption. What does this mean for property owners and their neighbors? Property owners may not artificially collect and concentrate surface water and then cast it on their neighbor’s property. In Liter’s of Indiana, INC. v. Bennett, the Indiana Court of Appeals found that the construction of an undersized detention basin to prevent flooding caused the water to be cast in concentrated volumes on to neighboring property. Id. at 297. Therefore, a claim against Liter’s for flooding caused by their development of a subdivision was not prevented by the common enemy doctrine. Id. at 300. In N. G. Hatton Trust v. Young, property owners, the Youngs, raised their ground level by several feet to build a new house. Following construction, during periods of heavy rainfall, water would flow across the driveway before accumulating in a rock bed and then crossing into a neighbor’s property. The neighbor brought an action against the Youngs for damages to property from the runoff. The Indiana Court of Appeals ruled in favor of the Youngs because there was no evidence that they were collecting the... --- - Published: 2024-12-03 - Modified: 2024-12-03 - URL: https://www.mcneelylaw.com/protecting-your-intellectual-property/ - Categories: News - Tags: business, intellectualproperty, patents, trade secrets, trademarks Intellectual property (IP) refers to creations of the mind such as inventions, literary and artistic works, designs, symbols, names, and images. The main types of IP are: Patents: Protect inventions and new processes. Trademarks: Protect brand names, slogans, and logos. Copyrights: Protect original works of authorship such as books, music, and software. Trade Secrets: Protects a company's process or practice that isn't public information. A person can apply for a patent or register a trademark with the United States Patent and Trademark Office. While copyright exists from the moment an eligible work is created, the United States Copyright Office allows for registration of a copyright, which is important for being able to enforce the rights conferred by that copyright. Trade secrets, however, are not IP that a person applies for or registers with the government. Instead, if trade secrets are misappropriated, the owner of the trade secrets may be able to pursue remedies under the Indiana Uniform Trade Secrets Act or the federal Defend Trade Secrets Act. It is imperative to keep detailed records of your IP, including the development process, dates of creation, and any legal steps taken to protect it. This documentation can be crucial in proving ownership in case of disputes. Keeping these records is also a helpful tool when it comes to determining which aspects of your work qualify or need to be categorized as intellectual property. Additionally, be sure to regularly monitor the market for potential IP infringements. You can utilize legal channels to enforce... --- - Published: 2024-11-26 - Modified: 2024-11-26 - URL: https://www.mcneelylaw.com/how-gdpr-and-other-data-privacy-laws-impact-american-businesses/ - Categories: News - Tags: ccpa, compliance, data, GDPR, security In today’s digital age, data privacy has become a significant focus for governments, businesses, and individuals worldwide. With increased awareness of how personal data is collected, processed, and stored, multiple jurisdictions have introduced laws to protect consumer information. One of the most influential regulations is the General Data Protection Regulation (“GDPR”) of the European Union, which, despite being an EU law, has real implications for American businesses. Additionally, the rise of data privacy laws in the U. S. , such as the California Consumer Privacy Act (“CCPA”), marks a shift in the landscape. The GDPR, implemented in May 2018, is a comprehensive data privacy regulation that applies to any organization processing personal data of individuals within the European Union, regardless of where the company is based. For American businesses, this means that any company offering goods or services to EU residents or monitoring their behavior must comply with GDPR requirements. Key aspects of GDPR that impact American businesses include: Consent Requirements: Under GDPR, businesses must obtain explicit consent from EU residents before collecting their data. The consent must be informed, freely given, and revocable, which significantly differs from the implicit or opt-out consent practices common in the United States. Data Subject Rights: GDPR grants EU individuals several rights, including the right to access, correct, delete, and restrict the processing of their data. U. S. businesses must have processes in place to handle these requests promptly, or they risk penalties. Data Breach Notifications: GDPR mandates that data breaches affecting personal data... --- - Published: 2024-11-21 - Modified: 2024-11-21 - URL: https://www.mcneelylaw.com/title-less-boats-and-other-watercraft/ - Categories: News - Tags: boats, watercraft Indiana requires that owners of most types of boats and other watercraft obtain a certificate of title. If a title is required for your watercraft, it is unlawful to allow it to be operated in Indiana without first obtaining a certificate of title. Violating this requirement is a Class A infraction, which can result in fines of up to $10,000. State law requires that a person applying for certificate of title for a watercraft provide information about the watercraft and the owner, including; (1) a full description of the vehicle, (2) a statement of any liens, mortgages, or other encumbrances on the vehicle, (3) the vehicle identification number or special identification number, (4) the former title number, if applicable, (5) the purchase or acquisition date, (6) the name and SSN or federal ID number of the owner, and (7) any additional information requested by the BMV, including a valid permit to transfer title if applicable. If any, or all, of this information is unavailable, other processes are available. If the watercraft has not previously been issued a certificate of title, the title application must include a manufacturer’s certificate of origin. Manufacturer’s certificates of origin can be requested from the dealer of the watercraft. This certificate provides information about the watercraft including a physical description, the date of ownership transfer, and must be accompanied by an inspection by the licensed dealer. If obtaining a manufacturer’s certificate of origin is not possible, a bill of sale can also satisfy this requirement. If... --- - Published: 2024-11-19 - Modified: 2024-11-19 - URL: https://www.mcneelylaw.com/alternative-dispute-resolution-options-in-indiana/ - Categories: News - Tags: alternative dispute resolution, arbitration, civil claims, mediation, negotiation Legal disputes can be stressful, time-consuming, and costly. However, Indiana residents and businesses have an effective option that bypasses the traditional court system: Alternative Dispute Resolution. This term refers to various processes, such as mediation, arbitration, and negotiation, that help resolve business disputes, family legal matters, and civil claims outside of court. Alternative Dispute Resolution is becoming increasingly popular across Indiana due to its efficiency, flexibility, and ability to save parties both time and money. The primary methods of Alternative Dispute Resolution include: Mediation: In mediation, a neutral third party, known as a mediator, facilitates a conversation between the disputing parties to help them reach a mutually acceptable solution. Mediation is non-binding, meaning the mediator cannot enforce a decision; the parties have control over the final outcome. Arbitration: In arbitration, a neutral third party called an arbitrator, listens to both sides and then makes a decision about the outcome of the dispute. Arbitration is often less formal than court proceedings, and the process can be customized according to the parties' needs. Arbitration can be binding, meaning that a court will enforce the decision of the arbitrator, or it can be non-binding, which means the parties can decide whether to accept the decision of the arbitrator or they can choose to proceed to trial. Negotiation: Negotiation is the most informal of the Alternative Dispute Resolution options, where both parties discuss their issues directly and attempt to reach a resolution on their own or with the assistance of their attorneys, but without... --- - Published: 2024-11-14 - Modified: 2024-11-14 - URL: https://www.mcneelylaw.com/grandparent-visitation-2/ - Categories: News - Tags: grandparents, grandparents rights, gva Obtaining grandparent visitation can be challenging, but recently there have been some changes in Indiana case law to help grandparents obtain visitation with their grandchildren. Under the former language of the Grandparent Visitation Act (the “GVA”), a person whose child is the custodial parent of the grandchildren did not have the right to seek visitation under the GVA. This limitation was created by specific language in the prior version of the GVA. While that version of the law was in effect, grandparents whose child did not have custody of the grandchildren could seek an order for visitation, but the grandparents on the other side of the family could not. In 1993, the Indiana legislature removed the explicit restriction on parents of the custodial parent. However, Indiana courts applied the revised law inconsistently, resulting in some grandparents being permitted to seek visitation if they were the parent of the custodial parents, while other grandparents in the same situation were prohibited from seeking grandparent visitation. Under the current statute, a child’s grandparents may seek visitation if the child’s parents were divorced in Indiana, if a parent of the child is deceased, or, with certain exceptions, if the child was born to unmarried parents. In the past year, the Indiana Court of Appeals has confirmed that the parents of a custodial parent may seek visitation of their grandchild when the parents are divorced. Even under the newer language and revised position of the court system, grandparent visitation is not guaranteed. A court also... --- - Published: 2024-11-12 - Modified: 2024-11-12 - URL: https://www.mcneelylaw.com/tenancy-by-the-entirety-in-indiana/ - Categories: News - Tags: Indiana Law, indiana real property, real property The final type of co-tenancy in Indiana is tenancy by the entirety (“TBE”). A TBE can only occur when the co-owners are married. TBE is very similar to a joint tenancy, with a few key differences besides just the prerequisite of marriage. A TBE is assumed when spouses purchase real estate. The contract does not require specific words to create the TBE, although generally you will see the words “as husband and wife” or “as spouses” in a TBE deed conveying the property to spouses. Essentially, when a married couple purchases real estate, the property is presumed to be conveyed as TBE. This presumption is, however, rebuttable if certain circumstances exist. The only time that a TBE is not presumed is when spouses buy real estate is when the contract expressly creates a tenancy in common or when it appears that the contract was intended to create a tenancy in common. Additionally, if spouses hold property as joint tenants or as tenants in common, they can convey this property to themselves as TBE. The classic example of this would be when a couple buys a house or land together before they get married as joint tenants or tenants in common, and then once they get married, they transfer the land to themselves as TBE. A key difference in TBE compared to the other two Indiana co-tenant instruments is that each person in a TBE has a one hundred percent interest in the property meaning that the spouses are considered one... --- - Published: 2024-11-07 - Modified: 2024-11-07 - URL: https://www.mcneelylaw.com/joint-tenancy-in-indiana/ - Categories: News - Tags: Indiana Law, joint tenancy, real property Like tenancy in common, joint tenancy (“JT”) is also a widely used instrument for co-ownership throughout the United States. And like tenancy in common, every state that employs JT has its own variations and wrinkles to its use. To establish a JT when conveying land in Indiana, the conveyance of land must express that the grantees will hold the land in JT with a right of survivorship (“JTWROS”). This means that when a person wishes to create a JT, the deed must indicate JTWROS, otherwise it will be a tenancy in common. JTWROS means that when one co-owner dies, the surviving co-owner(s) inherits the deceased co-owner’s interest in the real property. If there are more than 2 co-owners, the last surviving co-owner takes the entire interest in the property. A JT also differs from a tenancy in common in that all JT co-owners hold equal percentages of interest in the property. For example, if there are four co-owners, each will own 25% of the property. If the interests are disproportionate, then even if the transfer was intended as a JT, it will be considered a tenancy in common. Like tenancy in common through, JT co-owners have the right to use all of the land and they have a right to proportional interests in rent money, if any, made off the property. To terminate a JT, one co-owner may transfer their ownership to anyone else and the JT will be terminated, making the interests tenancy in common. This is because JTs... --- - Published: 2024-11-05 - Modified: 2024-11-05 - URL: https://www.mcneelylaw.com/tenancy-in-common-in-indiana/ - Categories: News Tenancy in common (“TIC”) is a widely used instrument for land ownership throughout the United States, but each state that employs its use defines and uses TIC differently. TIC is a device used by two or more people when they wish to co-own land. This is the most widely used device to convey land to co-owners. TIC is made whenever a landowner conveys their land to two or more people, unless it is otherwise stated otherwise in the agreement or the deed to convey the land. The agreement does not need any special words or phrases to create a TIC, just any general words used to sell or give land to another person will create TIC. TIC allows two (or more) owners to hold separate and unequal interests in the land meaning that the owners can own different percentages of the land. For example, one owner can own 60% and the other can own 40%. Each co-owner’s interest is also undivided, meaning that each property owner has the right to sell, transfer, or borrow against their interest in the land. Additionally, each owner has a right to use of the land as a whole, not just to their percentage share. Another important right to know is that if a co-owner is making money from renting part of the property, then the other co-owner is entitled to a proportionate share of that rent. When one tenant in common dies, they pass their interest in the land down to their heir(s), not... --- - Published: 2024-10-31 - Modified: 2024-10-31 - URL: https://www.mcneelylaw.com/federal-protections-for-voters-with-disabilities/ - Categories: News - Tags: americans with disabilities, Election Day, voter rights, voting rights act Election day is just around the corner. Voting at a local polling place is largely considered one of the most quintessential American experiences, and while absentee ballots are making voting easier for people with disabilities, disabled people retain the right to vote in person. If you are a person with disabilities planning to vote in person this year, here is what you need to know before heading to the polls Tuesday, November 5th. The Americans with Disabilities Act (ADA) and the Voting Rights Act of 1965 (VRA), as well as other federal laws, provide requirements for polling places and election officials to ensure that people with disabilities can participate in elections. This post walks through a general overview of the voting process as a person with disabilities and how these laws protect your right to vote. You have arrived at the polling location and are now looking for a place to park. All polling places are required to provide parking that adheres to the minimum general width requirements so that voters using wheelchairs or mobility aids can exit and enter their vehicle. These spaces are required to be designated with the International Symbol of Accessibility. Inside the polling location, the ADA requires safety measures for disabled voters accessing the polling area. Some of these measures include placing temporary cane-detectable barriers near objects that may protrude from the wall or an alternate route to the polling area. Additionally, disabled voters are entitled to an accessible path from check in to the... --- - Published: 2024-10-29 - Modified: 2024-10-29 - URL: https://www.mcneelylaw.com/understanding-the-family-and-medical-leave-act-employer-responsibilities/ - Categories: News - Tags: employer responsibility, employment, family leave, FMLA, health, medical leave The Family and Medical Leave Act (“FMLA”) is a fundamental of employment law that protects employees by allowing them to take unpaid, job-protected leave for specific family and medical reasons. For both covered employers and employees that are eligible for FMLA leave, understanding the FMLA is imperative to ensure compliance with the law. Employers that are subject to FMLA have several key obligations under the FMLA, and failure to comply can result in legal issues. Here’s a breakdown of the primary employer responsibilities: 1. Notice Requirements Employers must provide employees with notice of their rights under the FMLA. This includes: General Notice: Employers must display an FMLA poster in a conspicuous place, outlining FMLA rights and responsibilities. Eligibility Notice: When an employee requests FMLA leave, the employer must inform them of their eligibility status within five business days. Designation Notice: The employer must notify the employee whether the leave is designated as FMLA leave and how much leave will count against their FMLA entitlement. 2. Maintaining Health Benefits While on FMLA leave, the employer must maintain the employee's group health insurance under the same terms as if the employee were still working. If the employee shares the cost of health insurance, they must continue making their share of the premium payments during the leave. 3. Job Restoration When an employee returns from FMLA leave, the employer is required to restore them to their original job or an equivalent position with equivalent pay, benefits, and other terms of employment. 4. Preventing... --- - Published: 2024-10-25 - Modified: 2024-10-25 - URL: https://www.mcneelylaw.com/from-corn-mazes-to-court-cases-navigating-agritourism-liability-in-indiana/ - Categories: News - Tags: farm, hayrides, liability, petting zoo There’s much fun to be had on the farms across Indiana. But what happens when that fun turns to misfortune? Indiana farm owners who offer agritourism activities, such as corn mazes, hayrides, and petting zoos, are afforded certain legal protections under Indiana law, but there are limitations to these protections that are important to know if you run, or are considering running, an agritourism business. Agritourism (sometimes called “agrotourism” or “agritainment”) is the blending of agriculture with tourism, which offers a variety of engaging activities that draw visitors to working farms. Indiana farm owners who allow their farmland to be used for agritourism purposes are protected by statute from lawsuits brought by agritourism participants who are injured during their participation. However, these protections only apply where the injury results from an inherent risk of the agritourism activities. For example, if a person trips on the uneven ground of a corn maze and breaks their ankle, or if a person gets bitten by a goat at a petting zoo, that person may not be able to sue the agritourism provider for their injuries. It is critical that anyone offering agritourism activities takes time to familiarize themselves with the obligations they must meet in order to receive Indiana’s statutory protections. If a farmer knows of a dangerous condition on the land, or if they know that a particular animal is dangerous, they must notify participants of that danger. The provider must also properly train their employees who assist with the agritourism activities,... --- - Published: 2024-10-22 - Modified: 2024-10-22 - URL: https://www.mcneelylaw.com/property-rights-in-digital-assets-more-than-just-ones-and-zeros/ - Categories: Intellectual Property - Tags: bitcoin, cryptocurrency, digital property, metaverse, property In Indiana, digital assets are subject to property laws, much like traditional forms of personal property. Digital assets are a wide range of items that exist electronically. These can include cryptocurrencies (such as bitcoin), social media accounts, email accounts, photos stored in the cloud, digital music libraries, online video game libraries, domain names, or even items in the metaverse. Essentially, any content or resource that is stored electronically and can be owned, transferred, or controlled qualifies as a digital asset. Unlike physical property, digital assets don’t have a tangible presence, but they hold significant value and utility, making them just as important. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) is the key legislation governing the management of digital assets. This landmark act outlines the rights and responsibilities of fiduciaries, including personal representatives, guardians, and trustees, in handling digital assets. For example, if someone passes away, the personal representative of their estate has the legal right to access the decedent's digital assets. However, they must follow specific statutory procedures, such as providing a certified death certificate and documentation of the person’s appointment as a personal representative, to gain this access. Similarly, a guardian may access the digital assets of a protected person, but only if the court authorizes it and within the limits set by the court. Trustees also have the right to access digital assets held in trust, provided they adhere to the terms of the trust and other relevant laws. The duties that apply to fiduciaries... --- - Published: 2024-10-17 - Modified: 2024-10-17 - URL: https://www.mcneelylaw.com/federal-trade-commission-ban-on-noncompetes/ - Categories: Court - Tags: FTC On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule to promote competition by banning noncompete agreements nationwide. The FTC stated that this ban will (a) protect the fundamental freedom of workers to change jobs, (b) increase innovation, and (c) foster new business formations. FTC Chair Lina M. Khan stated, “Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from more than 8,500 new startups that would be created a year once noncompetes are banned. ” The FTC believes that noncompetes are limiting the United States economy by prohibiting innovation and job growth. The FTC also believes that noncompetes are an exploitative practice imposing contractual obligations on workers that prevent them from finding and performing in new jobs. Banning noncompetes has brought many reactions, both in support of the ban and in opposition of the ban. In January of 2023, the FTC issued its proposed rule for the ban which was followed by a 90-day period for the public to comment. During this period, the FTC’s proposed ban garnered an abundance of support from the comments. In total, the FTC received more than 26,000 comments on the rule, over 25,000 of which were in support of the ban. The FTC used the public’s feedback and, in making its final rule, stated that non-competes are an unfair method of competition in violation of Section 5 of the FTC Act. This final rule effectively would make it illegal for employers to enter... --- - Published: 2024-10-15 - Modified: 2024-10-15 - URL: https://www.mcneelylaw.com/navigating-a-personal-injury-lawsuit-in-indiana/ - Categories: News - Tags: lawsuit, negotiation, personal injury, settlement Introduction Suffering a personal injury can be a traumatic experience, leaving you with physical, emotional, and financial burdens. If you believe that someone’s negligence caused injury to you, then you may have grounds for a personal injury lawsuit. In Indiana, understanding the legal process and taking the right steps is crucial to protect your rights and seek fair compensation. Below is an overview of the process if you find yourself in a personal injury situation in Indiana. 1. Seek Immediate Medical Attention Your health and well-being should always be your top priority. Ensure that you receive proper medical care and follow the prescribed treatment plan. Not only is seeking immediate medical attention essential to your recovery, but it’s also important for establishing a strong connection between the accident and your injuries. 2. Preserve Evidence Preserving evidence is crucial in building a strong personal injury case. Take the following steps to gather and preserve evidence: Document the Scene: If possible, take photographs or videos of the accident scene, including any visible injuries, property damage, or hazardous conditions that may have contributed to the accident. Obtain Witness Statements: Collect contact information from witnesses who may have seen the accident occur. Their testimony can be valuable evidence in supporting your claim. Preserve Relevant Documents: Keep copies of medical records, police reports, insurance correspondence, and any other documents related to your injury. These documents will help establish the extent of your damages. 3. Consult a Personal Injury Attorney Navigating the legal system can be... --- - Published: 2024-10-11 - Modified: 2024-10-11 - URL: https://www.mcneelylaw.com/attorney-client-privilege-what-it-means-for-you/ - Categories: News - Tags: attorney-client privilege, communication Attorney-client privilege is a concept that most non-lawyers have heard of. It comes up often on Law & Order and in John Grisham novels. However, it is often misconstrued in popular fiction. Below, we will explore what attorney-client privilege is and what exceptions exist. What is attorney-client privilege? Attorney-client privilege is, at its core, a guarantee that confidential communications between a client and a lawyer in order to receive legal advice will not be disclosed to any other party. The public policy behind keeping communications privileged between clients and their attorneys is the idea that it would be difficult for anyone to get competent legal advice if they were afraid to share all the facts of their case with their attorneys. Attorney-client privilege protects communications between an attorney and a client that are made with the purpose of gaining legal advice or assistance. Pursuant to attorney-client privilege, neither the attorney nor the client can be compelled to reveal the content of the privileged communications. What is a privileged communication and what are the exceptions to attorney-client privilege? Any communication between an attorney and a client for the purposes of legal advice or counsel qualifies as privileged communication. This means not only spoken and written words, but also gestures and even complete silence may qualify if they are intended to convey information. However, it is also important to understand the exceptions to the privilege. The first exception is waiver. Waiver may occur because the client expressly waives privilege and allows the... --- - Published: 2024-10-08 - Modified: 2024-10-10 - URL: https://www.mcneelylaw.com/bailment-in-indiana-law/ - Categories: Criminal Law - Tags: bailee, bailment, bailor, ownership Although many people may be unfamiliar with the term “bailment,” almost everyone has been a party to a bailment at some point in their life. A bailment is legally defined as a non-ownership transfer of possession. A bailor is an individual who is giving property to another individual and a bailee is other individual receiving said property. In Kottlowski v. Bridgestone/Firestone, Inc. , 670 N. E. 2d 78 (Ind. Ct. App. 1996), the Court states, “A bailment is an express or implied agreement between a bailor and a bailee in which the bailee is entrusted to accomplish a specific purpose with the bailor’s personal property; when the purpose is accomplished, the property is returned to the bailor. ” In this case, employees’ tools were stolen from their employer’s workshop. The Court of Appeals was tasked with determining whether there was a valid bailment between the employer and employees and whether the employer failed to take appropriate steps to protect its employees’ tools. When does a bailment exist between two individuals? The Court in Kottlowski identifies a two-factor test to determine when a bailment arises. First, the personal property of the bailor is delivered to, and in sole possession of, the bailee. Second, the bailor’s personal property is accepted by the bailee. On the issue of delivery and acceptance, the Kottlowski Court states that as a general rule, “here must be such a full transfer, either actual or constructive, of the property to the bailee as to exclude the possession of... --- - Published: 2024-10-03 - Modified: 2024-10-03 - URL: https://www.mcneelylaw.com/what-is-an-invoice/ - Categories: Business, Corporate - Tags: business, corporate, invoice Your business protection plan starts with the language on your invoices. Invoices are documents used to itemize and record transactions between vendors and their customers. An invoice will include and list in specific detail all costs associated with a transaction, including sales tax, fees, shipping and handling, and any purchases the vendor made associated with the transaction. Businesses should make the language on their invoices clear and understandable, as well as professional and concise. Vague or unnecessary language can confuse customers and create legal disputes if a customer misunderstands what you are charging them for. This blog post will explain what invoices are and how businesses should draft their invoices to protect themselves from legal issues associated with them. Invoices communicate to customers what they owe to a vendor or seller. Businesses issue invoices when payment on goods or services becomes due. For clarity’s sake, a good invoice will clearly display the title “Invoice,” and list the names of the vendor and customer, the quantity, price, and description of every product or service sold to the buyer, the total amount due, the date the invoice was issued, and the date payment on the invoice is due and payable. Language that is clear and to the point will help the customer understand what they are being charged for, and help a business avoid charging customers too much or too little for what they sold them. Well-written invoices can help companies avoid legal issues. Good invoices itemize every expense and use concise,... --- - Published: 2024-10-01 - Modified: 2024-10-01 - URL: https://www.mcneelylaw.com/community-associations-and-corporate-transparency-act/ - Categories: News - Tags: community associations, corporate transparency act, noncompliance The Corporate Transparency Act (the “CTA”) went into effect on January 1, 2024, and was enacted to promote greater transparency regarding corporate entity ownership. This law creates new reporting requirements for certain types of corporate entities, including most HOAs and Condominium Associations (collectively referred to herein as “Community Associations”). This summary will provide an outline of the reporting requirements and penalties under the CTA, specifically as they relate to Community Associations. Does the CTA Apply to My Community Association? For most Community Associations, the answer is likely yes. While there are 23 exemptions regarding which entities must report under the CTA, the only one that might apply to a Community Association is if it was formed as a 501(c) under the Internal Revenue Code. Assuming this exemption does not apply to your Community Association, it will be required to report information regarding its beneficial owners to the Financial Crimes Enforcement Network (commonly known as “FinCEN”) by the applicable deadline. What information must be provided? Community Associations are required to provide general company information, beneficial owner information, and in some situations, company applicant information. Beneficial owners are any individuals who exercise control over the Community Association. This is presently interpreted as all board members and officers. Community Associations must disclose the full legal name, date of birth, current residential address, and identifying number from a driver’s license, state ID, or passport for each board member and officer in order to meet this reporting requirement. Community Associations must also report the personal... --- - Published: 2024-09-26 - Modified: 2024-09-26 - URL: https://www.mcneelylaw.com/defenses-to-product-liability-lawsuits-in-indiana-and-understanding-the-ipla-provisions/ - Categories: Business - Tags: indiana, product liability, product liability defense, small business Product liability lawsuits can have significant consequences for manufacturers and sellers in Indiana. When faced with such claims, defendants may invoke various defenses provided by the Indiana Product Liability Act (IPLA) to protect themselves. Key defenses under the IPLA include incurred risk, product misuse, and modification or alteration of a product. The Incurred Risk Defense The IPLA's incurred risk defense comes into play when a plaintiff alleges that a product is defective and caused their injury. To successfully assert this defense, a defendant must show the following: Knowledge of the Defect: The plaintiff knew about the product's defect. Awareness of Danger: The plaintiff was aware of the potential danger associated with the product's defect. Proceeded to Use: Despite being aware of the defect and danger, the plaintiff chose to use the product and was subsequently injured. Under Indiana Code § 34-20-6-3, this defense allows a defendant to argue that the plaintiff willingly took on the risk associated with the product and, therefore, should not be entitled to compensation. Misuse of the Product Defense The misuse defense is invoked when a plaintiff's injury results from the misuse of the product. Under Indiana Code § 34-20-6-4, the misuse defense applies if the seller could not have reasonably expected the misuse by the plaintiff or another person. This defense, if proven, means that the defendant is not be liable for resulting injuries if the product was used contrary to its intended or reasonably foreseeable use and that misuse caused the injuries. Modification or... --- - Published: 2024-09-24 - Modified: 2024-09-24 - URL: https://www.mcneelylaw.com/7-year-civil-forfeiture-battle/ - Categories: News - Tags: civil asset, civil law, Indiana Law, Indiana supreme court, SCOTUS Introduction In Indiana, civil forfeiture is a legal mechanism by which the state can seize private property from citizens when that property is involved in alleged illegal activity. This legal concept is open to interpretation, which results in a complex application that can result in problematic outcomes. For example, it is difficult to ascertain the causal nexus between the illegal activity and the property. Does a car need to be paid for with illegal funds for it to be subject to civil forfeiture? Or does a car only need to be used for transportation during illegal activity for it to be subject to civil forfeiture? Questions like these often arise during civil asset forfeiture cases, like that faced by Tyson Timbs. Procedural History and Outcome of State v. Timbs Tyson Timbs fought a 7-year legal battle involving civil forfeiture that resulted in the loss his Land Rover. See State v. Timbs, 169 N. E. 3d 361 (Ind. 2021). Timbs was using his Land Rover, which he purchased for $42,000, to deal heroin in Indiana. Timbs pleaded guilty to one charge of felony dealing and one charge of conspiracy to commit theft. In addition to Timbs’ prison sentence, fees, and costs, the state sought forfeiture of Timbs’ Land Rover. The trial court denied the state’s action to forfeit Timbs’ Land Rover stating that it would be an excessive fine under the Eighth Amendment. Forfeiture in this case would be disproportionate to the seriousness of the offense because the maximum statutory fine... --- - Published: 2024-09-19 - Modified: 2024-09-19 - URL: https://www.mcneelylaw.com/can-a-waiver-keep-you-from-suing-for-an-injury/ - Categories: News - Tags: lawsuit, personal injury, waiver Liability waivers are a fixture of participation in many activities, as they are often required to get on a ride or attend an event. Waivers are intended to prevent the company or entity providing the service in question from being held responsible if an injury occurs during the activity you are signing up for. If you get injured, it may still be possible to sue, depending on how the waiver is written and how the injury occurred. Waivers have specific requirements they need to meet to be considered enforceable by the court. They must have clear language that specifies what rights you are waiving. Generally, waivers cannot waive all claims forever, but must have some specificity for what is being addressed. A waiver must be signed voluntarily, so if you were forced into signing the waiver may not be valid. Also, you must get something in return for signing the waiver. In most circumstances what you receive is the ability to participate in the activity itself, but if you are asked to sign the waiver after the activity or injury occurs, the waiver may not be valid. There are also restrictions on what a waiver can waive liability for. While it is often possible to waive injuries arising from an activity, waivers cannot always waive injuries caused outside of said activity. For example, if you sign up for a basketball tournament, a waiver can probably waive any liability for an injury picked up while playing, but not necessarily if you... --- - Published: 2024-09-17 - Modified: 2024-09-17 - URL: https://www.mcneelylaw.com/the-importance-of-umbrella-insurance-for-indiana-business-owners/ - Categories: News - Tags: businessprotection, liability, umbrellainsurance Introduction As a business owner in the state of Indiana, it’s crucial to navigate the legal landscape with care and take proactive measures to protect your business assets. While general liability insurance is a common choice for many entrepreneurs, it may not always be enough to shield your business from unforeseen risks and potential legal challenges. That’s where umbrella insurance comes into play. In this blog post, we will explore why every business owner in Indiana should consider obtaining an umbrella insurance policy. Understanding Umbrella Insurance Before delving into the significance of umbrella insurance in Indiana, let’s briefly define what it entails. Umbrella insurance, or excess liability insurance, is a supplemental liability policy that provides additional coverage beyond the limits of your existing insurance policies. It acts as a safety net, offering extra protection against catastrophic events, legal claims, or lawsuits that may exceed the coverage limits of your primary policies. Indiana’s Legal Landscape Indiana’s legal framework plays a vital role in emphasizing the necessity of umbrella insurance for business owners. Here are three key aspects to consider: 1. Comparative Fault System Indiana follows a comparative fault system, which means that liability for an accident or incident can be divided among multiple parties based on their level of fault. In a lawsuit, a jury may assign percentages of fault to each party involved. With umbrella insurance, you can better safeguard your business from the potential financial consequences of being found partially liable. 2. Personal Injury and Property Damage Claims Business... --- - Published: 2024-09-12 - Modified: 2024-09-12 - URL: https://www.mcneelylaw.com/navigating-bankruptcy-in-indiana-chapter-7-vs-chapter-13/ - Categories: Bankruptcy - Tags: Bankruptcy, debt, debtfree As of September 2023, it was estimated that the United States saw a 13% increase in bankruptcy filings. While bankruptcy is daunting and complex, it is an essential lifeline for many families in financial distress. For those families struggling with overwhelming debts in Indiana, Chapter 7 and Chapter 13 bankruptcy stand as two primary avenues for relief. Each chapter serves distinct purposes, offering unique advantages and considerations tailored to different financial circumstances. Chapter 7 Bankruptcy: Liquidation for Fresh Start Chapter 7 bankruptcy, often termed "liquidation" bankruptcy, involves the gathering and sale of nonexempt assets, which are paid to discharge debts. The length of this process will depend on the facts of the case. Still, it can take several months to provide a swift resolution for those burdened by unmanageable debts. One key advantage of Chapter 7 bankruptcy is the discharge of most unsecured debts, such as credit card balances, medical bills, and personal loans. However, certain obligations, such as student loans, some tax debts, and child support payments, generally remain unaffected. Some individuals may be subject to a means test to qualify for Chapter 7 bankruptcy in Indiana. This examination usually applies to high-income filers; thus, households with an income below the Indiana median will be exempt from the test. This test ensures that those with genuine financial needs can access relief without abusing the system. Additionally, Indiana offers specific exemptions for assets such as real property, vehicles, and personal belongings, safeguarding essential possessions from liquidation. Chapter 13 Bankruptcy: Repayment... --- - Published: 2024-09-10 - Modified: 2024-09-10 - URL: https://www.mcneelylaw.com/agricultural-solar-leases-2/ - Categories: News - Tags: Agricultural Solar Leases, solar energy, solar farm To first understand what a solar lease is, it is important to understand what a solar farm is. A solar farm is a large-scale solar photovoltaic project which first generates energy and then sends that energy for distribution. A solar farm can help power a residential community and it can also be used on a utility-scale basis to provide energy for an entire community or region. As renewable energy becomes more popular every year, developers are looking for more land that would be suitable for large-scale solar projects. A solar land lease is an agreement usually between a developer (often a private company) and large-scale agricultural landowners. The agreement is usually for a long period of time, 25 years or more. While exact terms can vary, payments are made to the landowner on an annual per-acre basis, and the payment rate is finalized in a contract between the developer and the landowner. Large-scale agricultural landowners are becoming more aware of the opportunities and benefits that can be obtained while negotiating a deal with a solar project developer. Some of those benefits include: a source of passive income, the advancement of more sustainable farming practices, and lower energy costs overall. Indiana is ranked 21st in the country for development and activity of solar farms, as of October 2023. But within the next 5 years Indiana is expected to launch in to the top 5 due to future solar development. In fact, development of those projects has begun. The Mammoth Solar Project,... --- - Published: 2024-09-05 - Modified: 2024-09-05 - URL: https://www.mcneelylaw.com/understanding-the-legal-landscape-of-video-game-emulation/ - Categories: Intellectual Property - Tags: copyright, emulation, emulators, intellectual property, video games Emulation, which allows one computer system to replicate the functions of another, has recently become an essential tool in preserving and experiencing classic video games. However, the legality of emulators is a complex and often contentious issue, balancing intellectual property rights with innovation, consumer rights, and accessibility. This blog post will explore the legal principles surrounding emulators, their uses, and the key legal challenges they face. What Are Emulators? An emulator is software or hardware that enables one computer system to behave like another. In the context of video games, emulators allow modern devices such as PCs or smartphones to run games designed for older or different gaming consoles. This technology is highly valued by gamers who wish to preserve and enjoy older games that might otherwise be lost due to obsolete hardware or are no longer purchasable. Legal Status of Emulators The legality of emulators hinges on several factors, primarily related to copyright law. Emulators themselves are not illegal; rather, it is their potential use for playing pirated games that raises legal concerns. Although it may be legal in certain, limited circumstances for a gamer to recreate a game they have purchased into a file playable by their emulator, it is generally illegal to share or download any video game files for use via emulator. The distinction lies in how emulators are created and used. Fair Use and Reverse Engineering One significant aspect of emulation is the reverse engineering of console BIOS (Basic Input/Output System) software. Reverse engineering involves... --- > Discover how child support is determined in Indiana and ensure your child's needs are met. Contact McNeelyLaw LLP for family law guidance today. - Published: 2024-09-03 - Modified: 2024-10-11 - URL: https://www.mcneelylaw.com/how-will-my-child-support-be-determined/ - Categories: Family Law - Tags: child support, child support attorney Indianapolis, Indy family law Divorce can stir up a whirlwind of questions and concerns, with child support often at the forefront. How will the courts decide the amount needed to ensure your child's well-being and maintain their quality of life? What if the support falls short? McNeelyLaw LLP demystifies the process of determining child support in Indiana, helping you navigate this crucial issue with confidence. Understanding the Basics Child support is a payment made by one parent to the other for the financial care of their child. In Indiana, both parents are obligated to financially support their children until they reach 19 years of age or complete high school, whichever comes first. This obligation remains even if the parents were never married or divorced. The amount and duration of child support payments are determined through a court order, usually as part of a divorce proceeding. However, either parent can also file a petition for child support separately. The non-custodial parent (the one who spends less time with the child) typically pays child support to the custodial parent (the one who has primary physical custody). Factors Considered in Child Support Determination When determining child support, the state of Indiana follows an income-shares model. This means that both parents' combined income is considered and divided proportionately based on their individual incomes. However, other factors may also be considered by the court, such as: Child custody arrangements Special needs of the child Healthcare expenses Education costs Standard of living before the divorce or separation Income potential of... --- - Published: 2024-09-03 - Modified: 2024-09-03 - URL: https://www.mcneelylaw.com/do-i-need-an-attorney-for-small-claims-court/ - Categories: General - Tags: attorney, representation in small claims, small claims court Well, you decided to listen to your friend, the one that told you about Small Claims court. You’ve gone through the basics, and you think that your friend is right. So, you’re going to try to get your phone back in small claims court, or at least recover some of the money you spent paying for the phone that your now ex-significant other took. You’re feeling good about your decision, but you’re not sure whether you should get an attorney. After all, one of the reasons you considered small claims court was you weren’t sure you could afford an attorney. But you really want to win, and you’re not sure you’ll be able to without one. So, do you need an attorney? The short answer is no, you aren’t required to hire an attorney for small claims court, but it depends on your situation as to whether or not you should hire an attorney. If you’re an individual, like the one in our situation above, you do not need to hire an attorney. Yet, if you would like one to represent you at trial, you can hire one and have them represent you. However, if you do hire an attorney, it is not guaranteed that you will recover the attorney’s fees for their work from the other party. If you’re a representative of a corporation, an LLC, a limited liability partnership, or a trust, you are required to have an attorney. Generally, the same is true for unincorporated businesses and... --- - Published: 2024-08-29 - Modified: 2024-08-29 - URL: https://www.mcneelylaw.com/what-to-do-about-a-speeding-ticket/ - Categories: News - Tags: speed cameras, speeding, ticket, traffic court Getting pulled over for speeding is an event that every driver dreads. Speeding tickets can result in fines in addition to the time that is lost working to resolve the tickets. Yet, with the development of speeding cameras beginning to be implemented in Indiana, the prospect of getting a ticket in the mail is now just as real. Tickets may be expensive but ignoring them can be costly. The typical way most Hoosiers will get a ticket will be from a police officer at a traffic stop. These infractions can be more than $100 for a first-time violation, which may increase for repeat offences. While an officer can issue a warning at the officer’s discretion, that is not something that any driver should depend on. Once a ticket has been issued, there are two ways to resolve it. First, paying the fine is perhaps the simplest way, but that will be rather expensive. If you believe that there was an error in the ticket being issued, and you have the evidence to support it, the other option is to appeal the ticket. You will then go to traffic court, where a judge will set a date for a hearing to decide if the ticket should stand. This system has been in place for a while, but with the introduction of speeding cameras the process for some tickets will differ. While the process for normal tickets remains the same, tickets from cameras will arrive slower, being mailed sometime after the picture... --- - Published: 2024-08-27 - Modified: 2024-08-27 - URL: https://www.mcneelylaw.com/junk-titles-versus-salvage-titles-the-difference-and-what-it-means-for-you/ - Categories: News - Tags: junk title, salvage, title, titling cars in indiana So, your cousin wants to give you their old “beater” vehicle because they are upgrading to a new car soon. You know the car has been through some stuff, but he’s a car guy and the car seems to have served him well. He brings the car over to your house with the title and the title says “salvage” on it. You ask him what that means, and he replies, “It means, it’s not junk. ” You may roll your eyes, but when it comes to titling a car, your cousin has a point. In Indiana, there are several circumstances requiring a vehicle to be designated as “salvaged” on the title. The most straightforward circumstance is when the vehicle was titled as salvaged in another state or jurisdiction. Indiana will honor that designation, which means when you register that vehicle with the Bureau of Motor Vehicles, the title for that car will say “salvaged” on it. The other situations are less straightforward. First, the vehicle must be manufactured in the last seven years and then meet one of the following requirements: An insurance company determines that it is economically impractical to repair the wrecked, destroyed, or damaged vehicle and has settled with the insured or claimant; The vehicle has been designated as a “flood damaged vehicle”; or An owner acquired the vehicle that was “wrecked, destroyed, or damaged” and the cost to repair that vehicle is greater than seventy percent (70%) of the fair market value of the vehicle immediately... --- - Published: 2024-08-22 - Modified: 2024-08-22 - URL: https://www.mcneelylaw.com/legal-separation-in-indiana/ - Categories: Family Law - Tags: divorce, familylaw, separation A legal separation allows for spouses to physically and financially separate for up to one year, during which a couple can determine what the next steps should be for their family. For some families, a divorce may seem like the only option when trying to find relief in a marriage. However, if you just just need time away or are not yet ready to file for a divorce, a legal separation may be a better alternative. In Indiana, you may file for a legal separation prior to filing for divorce. This allows you to both physically and financially separate from your spouse for up to one year in an effort to determine next steps in your marriage. Legal separation allows for time and space apart, while keeping the marriage intact. How Does Legal Separation Work? Legal Separation is governed by laws that are similar to that of a divorce. Individuals that are looking to legally separate must file in court for a decree of legal separation. To do so, there are some requirements. When filing for legal separation in Indiana, at the time of the filing at least one of the parties must have been a resident of Indiana, or stationed in a military installation in Indiana, for a period of six months. See IC 31-15-3-6. In addition to the residency requirement, the court must find two elements pertaining to the marriage itself. First, the court must find that the conditions in or circumstances of the marriage make it currently... --- - Published: 2024-08-20 - Modified: 2024-08-20 - URL: https://www.mcneelylaw.com/indianas-cottage-food-vending-laws/ - Categories: General - Tags: cottagefood, vendinglaws Indiana is known for its local food scene, with many residents participating in farmer's markets and roadside stands. If you're one of these enterprising individuals, it's essential to understand the legal framework governing home-based food production. Indiana's recent law, HB 1149, brings significant changes to how home-based vendors operate. This blog post will outline the qualifications for being a home-based vendor, what foods you can sell, and the new regulations you must follow. Who is a Home-Based Vendor? As of July 1, 2022, Indiana Code IC 16-42-5. 3 defines a home-based vendor as someone who prepares and sells food products made, grown, or raised at their primary residence. These products must: - Not be potentially hazardous (i. e. , they don't require refrigeration). - Be prepared using proper sanitary procedures. - Be sold directly to the end consumer (not for resale). Allowed Products for Home-Based Vendors: Home-based vendors in Indiana can sell non-potentially hazardous foods, which don't need refrigeration for safety. These include: - Baked goods - Candy and confections - Whole, uncut produce - Tree nuts and legumes - Traditionally processed pickles (e. g. , fermented) - Honey, molasses, sorghum, maple syrup - Cultivated mushrooms (wild mushrooms must be certified) - High-acid fruit jams, jellies, and preserves (using full sugar recipes) Products With Special Requirements Certain products like in-shell chicken eggs, poultry, and rabbit have additional requirements: - Eggs must be sold following Indiana State Egg Board guidelines. - Poultry and rabbit must be frozen at the point of... --- - Published: 2024-08-15 - Modified: 2024-08-15 - URL: https://www.mcneelylaw.com/who-owns-ai-generated-works/ - Categories: Court, Intellectual Property - Tags: AI, copyright, OpenAI As artificial intelligence (“AI”) becomes an ever more significant part of everyone’s life, it is already raising important legal questions, challenging concepts that have not been questioned in many years. The ownership of AI-generated output poses special questions, as copyright has traditionally belonged to the creator. However, some courts have already ruled that copyright must belong to a human author, leaving the output from an AI tool unprotected by copyright. While this is still an emerging field, some companies, such as OpenAI, have at least taken steps to clarify that their users, rather than the companies themselves, retain whatever ownership rights may exist for the generated work. Even though a number of AI companies are allowing users to retain any ownership to the output, these decisions may not provide any meaningful legal benefit to their users. There have been multiple rulings by the copyright office that have denied copyright to creators who used AI in their art. The current consensus from the copyright office appears to be that an author can copyright any parts of an AI-generated work that they modify. Any parts that remain untouched by humans cannot have a copyright. Despite the fact that humans are generally the ones responsible for creating the prompt that causes AI to generate an image or text, the current distinction is in who, or what, is responsible for making the decision about the output. Photos belong to the photographer because the photographer is making decisions about the creative elements of the photo.... --- - Published: 2024-08-14 - Modified: 2024-08-14 - URL: https://www.mcneelylaw.com/when-do-you-qualify-for-an-expungement-in-indiana/ - Categories: Employment & Labor - Tags: conviction, expungement, felony Depending on the level of a conviction, an individual may qualify for an expungement as quickly as 60 days following a determination, erasing the conviction or arrest from their criminal record. In Indiana, an Expungement wipes your slate clean and erases arrests or criminal convictions from your record. This means that the conviction or arrest that you previously had will not appear on most background checks, depending on the level of the conviction. However, to receive an order granting an expungement, you must first qualify for an expungement. You can petition for an expungement by filing a petition in court, providing all relevant information to the court. You will also need to make sure each of the following three requirements are met: You cannot have any criminal charges pending against you. You must have paid all court costs, fines, fees, and restitution that was required. The relevant waiting periods must have passed. What are the relevant waiting periods? The waiting period for expungement differs depending on what crime or conviction you are looking to expunge from your record. Indiana has recently updated its laws surrounding expungements and the relevant waiting periods. Expunging arrest records, dismissed charges, and vacated convictions For an individual charged with an offense after June 30, 2022, in which a court has dismissed all charges, the defendant is acquitted of all charges, or the defendant’s conviction is later vacated, the court shall order an expungement of the record not earlier than sixty (60) days from the date... --- - Published: 2024-08-08 - Modified: 2024-08-08 - URL: https://www.mcneelylaw.com/what-is-a-zoning-ordinance-violation-and-what-to-do-when-you-receive-one/ - Categories: News - Tags: property, zoningordinance A Zoning Ordinance is a rule that defines how property in certain geographic zones can be used. A Zoning Ordinance divides a jurisdiction of a local government into specific districts and zones. From there, the ordinance regulates how the land is used within that district, the types of buildings that can be constructed on the land, and more. The Ordinance usually contains both written regulations and a zoning map, which may be amended by a local legislative body. Whenever these zoning ordinances are violated in some way, that is a Zoning Ordinance violation. Usually, a Zoning Ordinance violation occurs when a property owner or tenant uses their property in a manner that is not allowed by the Zoning Ordinance. One of the most common violations is illegal land use. Illegal land use occurs when a property is used for a purpose that is not allowed by the Zoning Code. For example, property designated for residential use cannot be used for commercial purposes, and vice versa. Excessive noise levels and improper signage are other common types of zoning violations. If you receive a zoning violation, you should first understand what the violation is and the reason you received it. If the violation is relatively minor, you should contact the zoning office and take care of the issue as soon as possible. An alternative is to contest the violation. If you challenge a zoning violation, even if it is in the process of getting resolved, you will most likely have to attend... --- - Published: 2024-08-06 - Modified: 2024-08-06 - URL: https://www.mcneelylaw.com/understanding-indianas-lemon-law/ - Categories: News - Tags: lemon law, used car, used cars, vehicle purchase Purchasing a vehicle is a significant investment and the last thing any car owner wants is to end up with a defective vehicle, commonly referred to as a “lemon. ” Fortunately, Indiana’s Motor Vehicle Protection Act (the “Lemon Law”), provides crucial protections for consumers in such situations. Here’s a comprehensive guide on what Indiana’s Lemon Law entails and the steps you should take if you find yourself with a lemon. Understanding Indiana’s Lemon Law Indiana’s Lemon Law is designed to protect consumers who purchase or lease new vehicles that turn out to be defective. This law applies to cars and light trucks that are bought or leased for personal use from an Indiana dealer. The key criteria include: The vehicle must have been purchased or leased within the past 18 months; and The vehicle must have fewer than 18,000 miles at the time the defect is reported. Steps to Take If You Buy a Lemon If you suspect your vehicle is a lemon, follow these steps to ensure your rights are protected under Indiana’s Lemon Law: 1. Report the Problem Promptly: You must report the defect within 18 months of initial ownership of the vehicle or before the vehicle reaches 18,000 miles, whichever comes first. 2. Take the Vehicle for Repairs: Bring your vehicle to an authorized dealer for repair. Allow the dealer a reasonable number of attempts to fix the issue. A “reasonable number of attempts” is generally defined as at least four repair attempts or the vehicle being... --- - Published: 2024-08-01 - Modified: 2024-08-01 - URL: https://www.mcneelylaw.com/storing-sensitive-data-digitally/ - Categories: Business - Tags: comsumerprotection, data, digitalage, privacy, security In today’s current digital landscape, storing data securely is more critical than ever before. Regardless of whether you’re managing client information, customer details, or other confidential data, implementing security measures is imperative to protect against data breaches and maintain trust. While laws and regulations regarding digital data security are still being developed and implemented in most jurisdictions, we should take a look at some of the existing procedures both locally and nationally. The Indiana Consumer Data Protection Act (INCDPA) was signed in 2023 and will go into effect in 2026 to provide ample time for compliance. The act applies to "controllers" who are the individuals who determine the purposes and methods of processing personal data, and "processors" who are those who handle data on behalf of the controllers. The INCDPA applies to “personal data” which it defines as “information that is linked or reasonably linkable to an identified or identifiable individual. ” One of the key provisions of the INCDPA is that it gives consumers the right to opt out of processing their personal data for sale of said data, targeted advertising, and profiling. Even though the INCDPA doesn’t take effect until 2026, there are numerous other sources of existing protections for consumer data, including the following federal legislation: HIPAA (Health Insurance Portability and Accountability Act): Protects medical information. Gramm-Leach-Bliley Act: Safeguards consumers' financial information. FERPA (Family Educational Rights and Privacy Act): Ensures privacy of student education records. FISMA (Federal Information Security Modernization Act): Requires federal agencies to implement information... --- - Published: 2024-07-30 - Modified: 2024-07-30 - URL: https://www.mcneelylaw.com/choosing-outside-counsel/ - Categories: News - Tags: counsel Choosing the right outside counsel is an extremely important decision. The primary reason to seek outside counsel is to hire an attorney who has expertise in a specific area of law that in-house counsel, or even other regularly used outside counsel, lacks the expertise needed to practice in. A popular way to choose outside counsel is through word-of-mouth recommendations. However, it is important to keep in mind that just because a certain attorney was a good fit for one case, does not mean they are a good fit for your case. Instead, when hiring outside counsel for your company, you should make an objective assessment by following these steps: Research vendor service offerings and staffing: The best way to research attorneys and the practice area you need assistance in is to view the attorney’s website. Choose candidates based on cases they have worked on and their experience in the practice area that your issue arises from. This information can be found by reading through their firm practice area pages, attorney and paralegal bios, and client testimonials. Check pricing against usual vendor rates: Don’t rely on an educated guess to determine if an attorney’s pricing is reasonable. Instead, compare their pricing with attorneys you have worked with in the past or your current vendors and make an educated decision on the reasonableness of outside counsel’s pricing. Get to know prospects as people, not just professionals: When meeting with prospects in the interview process, it is important to see if an attorney... --- - Published: 2024-07-25 - Modified: 2024-07-25 - URL: https://www.mcneelylaw.com/indiana-small-claims-court-what-you-need-to-know/ - Categories: General - Tags: defendant, small claims action, small claims court You’ve got an issue with your significant other. You know, the one whose phone you are paying for? Six months ago, you both decided to go your separate ways, but they never returned the phone. You’re still paying for it, and the phone company does not care that you’re not the one using it. So, what do you do? You want to get your phone back and the money you spent paying for it, but maybe you can’t afford an attorney to sue them for it. You’re telling your friend your troubles, and she recommends pursuing action through the small claims court. In Indiana, there are 1. 2 million court cases filed each year. Tens of thousands of those cases are in small claims courts. Small claims court can be a useful option because it is a less formal setting that allows people the opportunity to successfully represent themselves if they choose to. However, keep in mind that you are always able to consult with an attorney and be represented even if you file a case in small claims court. Small claims courts have limitations on the types of cases they can hear. So, there are a few questions you will need to answer prior to filing a case in small claims court. The first question you should ask is, “what is my case about? ” Small claims courts hear cases involving personal injuries, damage to real property (think land/buildings) or personal property, disputes between landlords and tenants, money that’s... --- - Published: 2024-07-23 - Modified: 2024-07-23 - URL: https://www.mcneelylaw.com/indiana-e-commerce-regulations/ - Categories: News - Tags: consumer, consumer data protection, e-commerce, money transaction In order to protect consumer rights in e-commerce platforms, Indiana has implemented regulations to guard consumer data and regulate online money transmissions. Specifically, this blog focuses on the Indiana Consumer Data Protection Act and the Indiana Model Money Transmission Modernization Act. Have you ever registered for an electronic platform but later received spam calls or emails? Have you ever worried about the safety of typing in your personal information or payment method on an online shopping website? Indiana, recognizing these concerns, has implemented several regulations to protect consumer’s rights in electronic commerce. Electronic commerce (e-commerce) usually refers to the buying and selling of goods and services online. As E-commerce is becoming widely used, Indiana's regulations are crucial in areas such as consumer data and privacy, and businesses’ compliance in monetary transactions. By understanding these regulations, consumers, businesses, and legal professionals can be better informed and aware of their rights and responsibilities in the e-commerce landscape. For example, the Indiana Consumer Data Protection Act (INCDPA) was implemented to safeguard personal data, making Indiana the seventh state to pass a comprehensive online privacy law absent federal guidelines. The law will take effect on January 1, 2026. It provides consumers the right to know if a business is processing their personal data, to correct inaccuracies in data they provided, and to request access to that data. Consumers can also request the deletion of their personal data under certain circumstances and can opt out of the sale of their personal data and targeted advertisements.... --- - Published: 2024-07-18 - Modified: 2024-07-18 - URL: https://www.mcneelylaw.com/what-is-the-implied-warranty-of-habitability/ - Categories: General, Indiana Law, Real Estate - Tags: apartment, lease, tenant In Indiana, landlords have a duty to maintain a certain minimum level of care and upkeep to leased premises. No one wants to rent an apartment, only to discover the place is completely unlivable. The implied warranty of habitability is a backstop, working even if it is not included in the lease agreement, to protect renters in the event that specific conditions exist that mean the property cannot be lived in. It specifies that basic systems such as plumbing, electrical, and heating must be kept in good and safe working condition. When the tenant takes possession of the property or apartment, it must be in a safe, clean, and habitable condition. This warranty is automatically included in every residential lease that is meant to be used as housing. Landlords cannot disclaim or include a waiver of this warranty, or if they do, the warranty will likely apply regardless. The goal of this is to ensure that a reasonable person could live on the property without a serious risk of injury or harm. Additionally, the property must be in compliance with all applicable health and housing codes, and the common areas must be kept clean. Even after giving possession of the property to the tenant, the landlord must still maintain the following systems, if they are provided at the time the lease was signed: electrical systems, plumbing systems, sanitary systems, HVAC systems, elevators, and certain other appliances. These requirements do not force a landlord to provide pristine conditions, but a landlord... --- > Explore 10 questions to ask a divorce attorney during your first consultation. Call today and let McNeelyLaw LLP help you navigate your divorce confidently. - Published: 2024-07-17 - Modified: 2024-10-11 - URL: https://www.mcneelylaw.com/important-questions-to-ask-during-consultation-with-a-divorce-attorney/ - Categories: Family Law - Tags: Carmel divorce attorney, divorce law firm Indianapolis, family law IN Divorce is a significant life event that can bring about a whirlwind of emotions and uncertainties. One of the most critical steps in navigating this challenging time is the initial consultation with a divorce attorney. This meeting sets the stage for your legal strategy, helps you gauge the attorney's experience, and enables you to understand what lies ahead. Asking the right questions during this consultation ensures you are well-prepared and informed. Here are 10 important questions you should ask during your consultation. What Is Your Experience with Cases Like Mine? Understanding your attorney's experience with similar cases can give you an idea of how they'll handle your situation. Ask about their history, the types of cases they've managed, and any challenges they've encountered. This question helps you gauge their skill and ensure they are well-versed in the nuances of divorce law. What Are the Potential Outcomes I Should Prepare For? Divorce cases can have a range of outcomes, from amicable settlements to contentious court battles. Your attorney should be able to outline the potential scenarios for your case, including best-case and worst-case outcomes. This information will help you set realistic expectations and prepare mentally and financially for what lies ahead. How Do You Approach Divorce Cases? Every attorney handles divorce cases differently. Some may prioritize mediation and negotiation, while others might be more litigation-focused. Understanding your attorney's strategy can help you decide if their approach aligns with your goals and preferences. What Is Your Fee Structure? Legal fees can get... --- - Published: 2024-07-16 - Modified: 2024-07-16 - URL: https://www.mcneelylaw.com/how-remote-work-can-impact-your-business/ - Categories: News - Tags: businesspolicies, pandemic, remotework, WFH, workfromhome The impact of the pandemic can still be seen globally across differing industries. One of the major aspects of living in a post COVID world is the increased prevalence of working from home. Remote work can be a valuable asset to a business but knowing some of the potential risks is key for ensuring your business’s remote work policy tackles the possible challenges. Some aspects to consider when drafting a remote work policy that works for your business: Compliance with Labor Laws Make sure you are complying with local minimum wage, overtime pay, and record-keeping requirements, as these become more complicated with remote workers. Additionally, work on finding a streamlined and efficient process for time tracking. Ensuring a robust process is in place can help bypass potential disputes over unpaid overtime or off-the-clock work. Data Security and Privacy Risks Ensuring confidentiality and protecting sensitive company and client information is imperative when employees are working remotely. Remote work increases the risk of cyber-attacks, and implementing thorough cybersecurity policies will be necessary. Consider providing employees with antivirus software that automatically updates so it can fight threats like ransomware, malware, and phishing attempts before they become a larger problem that comprises your business and the client’s data. Employment Contracts and Policies To prevent misunderstandings and conflicts, it is important to have clear policies that define duties, expectations, and processes for working remotely. To handle the nuances of remote work, like work hours, pay, and expense reimbursement, employment contracts may need to be amended.... --- > Learn about the role of a child's preference in your child custody case with insight from McNeelyLaw LLP. Call today to learn more. - Published: 2024-07-11 - Modified: 2024-08-29 - URL: https://www.mcneelylaw.com/can-a-child-choose-who-they-want-to-live-with/ - Categories: Family Law - Tags: child custody attorney Indianapolis, family law attorney IN, Indy family law Divorce can be a challenging experience for families, particularly when children are involved. One common concern that arises during divorce proceedings is which parent the child will live with. While parents may have their own preferences, what happens when a child expresses their own desires regarding custody? Can a child choose who they want to live with? McNeelyLaw LLP is here to shed light on this complex issue. Busting the Myth: Can a Child Choose? Before diving into the legalities, it's essential to address a common misconception: that children have the ultimate say in which parent they want to live with. This is not entirely true. While the court may consider a child's preference, it is not the sole determining factor for custody arrangements. Age and Maturity Matter Regarding a child's preference, age and maturity are vital considerations. Generally, the older and more mature a child is, the more weight their preference will carry in court. A teenager who can articulate well-reasoned arguments for wanting to live with one parent may have their wishes considered by the judge. The Best Interest of the Child Standard The "best interest of the child" standard is the cornerstone of child custody decisions. This legal principle prioritizes the child's well-being and ensures that the custody arrangement supports their development and happiness. Courts consider several factors when determining what constitutes the best interests of the child, including: The wishes of both parents The child's opinion (if the child is of sufficient age and maturity) Each... --- - Published: 2024-07-08 - Modified: 2024-07-08 - URL: https://www.mcneelylaw.com/alcoholic-beverages-for-carry-out/ - Categories: General - Tags: alcohol, liability On July 1, 2024, there will be a bundle of new laws that become effective in Indiana. Read about some of the most interesting ones here. One of these new laws is the ability for restaurants, bars, or retailers to sell alcoholic beverages for carry-out. Yes, that’s right, a person will be able to order cocktails to-go. However, this new law could bring up some initial questions and future litigation around liability. Traditional thinking would put the liability on the restaurant if something were to happen if a customer were to take a cocktail to-go. The new bill dives into liability as well as certain guidelines that need to be followed for a restaurant or retailer to qualify. The plain language of House Bill 1086 states: a bar or restaurant is allowed to prepare, sell, and deliver alcoholic beverages for carry-out to a customer on the licensed premises in sealed, nonoriginal containers. Additionally, it requires that after June 30, 2024, a bar or restraint must carry liquor liability insurance or an endorsement with coverage of at least $500,000 to obtain or renew a retailer’s or craft manufacturer’s permit and if an establishment operates under both a retailer’s permit and a craft manufacturer’s permit, the insurance coverage requirements apply to the establishment and not to each permit individually. The insurance coverage requirement must be compliant not later than January 1, 2025, for a permit issued before July 1, 2024. House Bill 1086 does still have some prohibitions on retailers. The bill... --- - Published: 2024-07-06 - Modified: 2024-07-06 - URL: https://www.mcneelylaw.com/red-white-and-boom-the-use-of-fireworks-in-indiana/ - Categories: News The use of fireworks in Indiana is legal for those over the age of 18 as long as the use falls between the hours set by the state legislature or your local ordinances. The Fourth of July is a time for celebration across the country. Groups will gather for barbeques, music, and of course, fireworks. However, the question that you and many others may ask as you look at the colorful lights in the night sky is, “are fireworks even legal? ” The answer to that question in Indiana is yes, the use of fireworks is legal. If you are over the age of 18, you are legally allowed to buy and use fireworks in certain areas. These areas include your own private property, the property of another person who has given you permission to use fireworks on their property, or any other area that is designated for fireworks. These are not the only restrictions, however. Fireworks may only be set off during times allowed by law. On most days, Indiana law allows people to set off fireworks between 9:00 a. m. and 11:00 p. m. However, local ordinances may limit your use of fireworks further. Municipalities and counties may use their discretion in regulating the use of fireworks throughout the year. However, Indiana Code provides that the use of fireworks may not be prohibited on special occasions, such as the Fourth of July, between the hours of 5:00 p. m. and two hours after sunset on June 29th, June... --- - Published: 2024-07-02 - Modified: 2024-07-02 - URL: https://www.mcneelylaw.com/new-laws-becoming-effective-july-1-2024/ - Categories: News - Tags: bill, General Assembly, law On July 1, 2024, several new laws that were passed by the General Assembly will go into effect. Some laws of interest are House Bill 1086, Senate Bill 185, House Bill 1137, and House Bill 1259. However, more than 700 bills were introduced during the 2024 legislative session, and of those, 172 were passed. Some bills are already in effect as they were signed by Governor Holcomb after they passed the General Assembly. While a majority of the 172 new laws are going into effect on July 1, following the legislative session. House Bill 1086 allows restaurants, bars, and retailers to have happy hours and serve cocktails for carryout. The plain language of House Bill 1086 states: a bar or restaurant is allowed to prepare, sell, and deliver alcoholic beverages for carry-out to a customer on the licensed premises in sealed, nonoriginal containers. Additionally, it requires that after June 30, 2024, a bar or restraint must carry liquor liability insurance or an endorsement with coverage of at least $500,000 to obtain or renew a retailer’s or craft manufacturer’s permit and if an establishment operates under both a retailer’s permit and a craft manufacturer’s permit, the insurance coverage requirements apply to the establishment and not to each permit individually. Senate Bill 185 states that K-12 schools must create, publish, and enforce a ban on using cell phones, tablets, and other personal devices in the classroom. More specifically students may not use this technology during instruction time. This affects school corporations and... --- - Published: 2024-06-21 - Modified: 2024-06-21 - URL: https://www.mcneelylaw.com/what-is-a-codicil-and-how-to-use-one/ - Categories: News A codicil is a legal document that acts as a supplement to your last will and testament. In creating a codicil, you can make specific changes to your will without having to have an entirely new will drafted. If you have a will, you’re off to a great start regarding your Estate Plan. To continue to make sure that your goals are met, however, you may need to update your will periodically. There are a few options to consider when considering estate plan amendments. First, you can create a new will. Creating a new will makes the previous last will and testament void and your estate will be distributed in accordance with the new will. However, if you would prefer to keep much of your will the same, you may opt to update your will by creating a codicil. What is a Codicil? A codicil is a legal document that acts as a supplement to your last will and testament. It allows you to make changes to different provisions of your will, without having to rewrite the entire document. For example, if you would like to update or change the name of a beneficiary due to a marriage or a divorce, a codicil is much easier and just as effective as creating a new will. How do you use a Codicil? If you have chosen to use a codicil to amend your will, there are a few steps you must take to ensure that your codicil is effective. First, identify... --- - Published: 2024-06-11 - Modified: 2024-06-11 - URL: https://www.mcneelylaw.com/one-mans-trash-is-another-mans-evidence/ - Categories: Intellectual Property - Tags: Fourth Amendment, Police, Search and Seizure, Trash, Trash-pull, Warrantless Search Tomorrow is trash day. So, you gather up the trash, wheel it down to the end of your driveway and leave it there. The next day, before the sanitation company comes by to collect it, you find the police are taking bags out of your trash can. Now, you might be thinking, “Well, as long as they have a warrant, then I guess they can do it. ” However, you might be surprised to know that the police do NOT need a warrant to search through your trash. The Fourth Amendment protects against searches and seizures and generally requires that police demonstrate probable cause to obtain a search warrant before going through your personal property. There are some exceptions to this warrant requirement, for instance, when police search vehicles. Yet, unlike vehicle searches, which still require probable cause, police don’t need probable cause to go through your trash. In fact, under the Fourth Amendment, they don’t need to even have a “reasonable suspicion,” they can just search your trash. Indiana is different. In Indiana, Article 1, Section 11 of the Indiana Constitution does provide some protection against trash searches. Under the Indiana Constitution, there are two requirements that police need to meet to search through someone’s trash. First, the police must retrieve the trash in a manner that is substantially similar to how the trash collector would take it. This requirement means that if the trash collector picks up your trash from an alley behind your apartment or house, then... --- - Published: 2024-06-06 - Modified: 2024-06-06 - URL: https://www.mcneelylaw.com/piercing-the-corporate-veil-with-limited-liability-companies/ - Categories: Indiana Law, Small Business - Tags: attorney, business, LLC Owners of a limited liability company (“LLC”) are generally protected by the principle that they are not personally liable for the actions or debts of the company. However, an LLC’s protection of its owners’ personal assets is not absolute. There are several instances in which a court could hold an LLC owner liable for debts or misconduct. This process is called “piercing the corporate veil,” and it can be applied to LLCs or corporations. LLCs exist as entities separate from their owners. In addition to filing business formation documents with the Secretary of State such as Articles of Organization, LLCs must also have an operating agreement, business plan, tax plans, and more. When a business fails to operate in accordance with the legal requirements necessary to remain an LLC, a court can pierce the veil and take away the company’s liability protection. Piercing the corporate veil permits a creditor of the company to reach the assets of the individual business owners. While courts are generally hesitant to pierce the corporate veil, Indiana courts have laid out several factors they will consider when deciding whether to pierce the corporate veil. These include: Whether the entity was undercapitalized Whether there is an absence of company records Whether the owners used the LLC to promoted fraud, injustice, or illegal activities Whether the owners used the company to make payments on individual obligations Whether the owners comingled personal assets with those of the business LLC owners may suffer serious financial consequences if a court... --- - Published: 2024-05-06 - Modified: 2024-09-19 - URL: https://www.mcneelylaw.com/adoption-consent-when-paternity-is-not-established/ - Categories: Family Law - Tags: adoption, consent, fathersrights, paternity Making the decision to adopt a child or put your child up for adoption is a life-changing moment. The process for how to legally adopt a child is governed by Indiana law which provides guidance in a variety of circumstances. In general, both biological mother and father must consent to the adoption of a minor child before a court will grant the adoption. However, there are exceptions for when consent is required, specifically if paternity has not been established. At the time of a child’s birth, if the child is born outside of a marriage, generally, the parents of the child will sign a paternity affidavit to signify the paternity of the child in the father. To legally establish paternity, the parties then enter into a court proceeding on paternity to establish custody, parenting time, and child support. When paternity has not been established, Indiana law says that consent may not be required prior to adoption. Consent is not required from the biological father of a child born out of wedlock whose paternity has not been established by a court proceeding, other than an adoption proceeding, or by executing a paternity affidavit. The consent of a putative father (or a person presumed to be the father of a child) is implied if the putative father (1) fails to file a paternity action within fifteen (15) days of receiving actual notice of adoption; or (2) files a paternity action withing fifteen (15) days of notice but fails to establish paternity in... --- - Published: 2024-05-02 - Modified: 2024-05-02 - URL: https://www.mcneelylaw.com/who-pays-my-spouses-debts-if-they-die/ - Categories: Elder Law, Wills Trusts & Estates - Tags: attorney, Elder Law, Family Law, wills Losing a loved one such as a spouse is a difficult time sometimes made more difficult due to having to navigate the legal proceedings following a person’s passing. In Indiana, if a person dies with more than $100,000 in assets, an estate may be needed in order to transfer that person’s assets to their heirs. If that person died with outstanding debts, including credit card debt, mortgages or medical debt, even more work might need to be done before distributions can be made and the estate can be closed. Understanding how and when to pay those debts is imperative to avoid future headaches. When it comes to paying the debts of a deceased spouse, the executor of the estate, often the surviving spouse or a family member, is responsible for ensuring creditors are paid out of the estate. Any creditor who wishes to collect an outstanding debt from the deceased must first file a claim in the estate. This includes medical debt, credit card debt, car loans, mortgages, etc. If a creditor’s claim is valid, the executor must pay the debt out of the assets of the estate. However, if the deceased had large amounts of debt, the assets may not be enough to pay the creditor. Generally, if there are not enough assets to pay creditors out of the estate, the surviving spouse and/or other family members are not responsible for paying the debt out of their own pocket and the debt will go unpaid. However, if the deceased... --- - Published: 2024-04-26 - Modified: 2024-04-26 - URL: https://www.mcneelylaw.com/establishing-paternity-in-indiana/ - Categories: Family Law - Tags: child support, paternity Establishing paternity differs from state to state but regardless of the process, it is an important step in determining the rights and responsibilities of parents. In Indiana, paternity must be established to resolve issues such as child custody, parenting time, and child support, if the child was born out of wedlock. There are two ways to establish paternity in Indiana: · By properly executing a paternity affidavit; or · By a court in a case filed under the Indiana paternity statutes. If a mother and father were married at the time of the child’s birth, the husband is the presumed father and they are both the legal parents of the child, meaning they have the same rights and responsibilities. However, when a child is born out of wedlock or the identity of the father is in question, it may be necessary to formally establish paternity. One way to establish paternity when a child is born out of wedlock is to have both parents sign a paternity affidavit. A paternity affidavit that is properly signed by both parents conveys the rights and responsibilities of parenthood to the named father, and it establishes the custody and parenting time rights of each parent. While paternity affidavits are typically executed at the time of birth, the parents can go through their local health department and complete an affidavit at any point before the child reaches the age of emancipation. If a paternity affidavit was not signed, then a paternity action can be filed in... --- - Published: 2024-04-16 - Modified: 2024-04-25 - URL: https://www.mcneelylaw.com/when-to-send-a-10-day-notice/ - Categories: Real Estate - Tags: attorney, business, real estate A landlord’s first step in removing a tenant from a property is to serve a 10-Day Notice to Quit. This is a letter to the tenant that tells the tenant to vacate the property within 10 days or come into compliance with the landlord’s requests. An obvious circumstance for when a 10-Day notice is permitted is when the landlord has not received rent payment from the tenant. Indiana law displays the form that may be used when a tenant fails or refuses to pay rent. The form reads as follows: “You are notified to vacate the following property not more than ten (10) days after you receive this notice unless you pay the rent due on the property within ten (10) days: (insert description of property here). ” I. C. § 32-31-1-7. If the tenant pays rent during the ten day period, the landlord cannot proceed further with the eviction. However, if the tenant does not pay rent or move out, then the landlord can file an eviction lawsuit with the court. Another situation in which a landlord can send a tenant a 10-day Notice to Quit is when some other provision of the lease is violated. A tenant can fix whatever violation of the lease they violated, or the landlord can proceed with the process of eviction. The same can be said for whenever the Notice is sent due to damage done on the property. Indiana law also lays out when a Notice to Quit is not needed to... --- - Published: 2024-04-12 - Modified: 2024-04-12 - URL: https://www.mcneelylaw.com/creation-of-hoas-and-coas-in-indiana/ - Categories: Real Estate - Tags: real estate Homeowners Associations (HOAs) and Associations of Co-Owners, often called Condominium Owners Associations (COAs), are common in the state of Indiana and around the nation. The difference between the two is relatively self-explanatory. HOAs are for homeowners who own their lot and homes. An HOA manages regulations concerning the residential side of a community, along with the common areas such as pools and playgrounds. Membership is sometimes required depending on the location. In contrast, a COA is comprised of condominium owners. Unlike HOA fees, COA fees will also cover building repairs and maintenance, along with the common areas and the like. There are many perceived benefits of being a member of either an HOA or a COA, hence their popularity. Among the various benefits are well-maintained common areas and amenities, increased community engagement, and, most importantly, helping maintain property values. Being a part of either association can make home and condominium owners subject to certain usage and aesthetic restrictions, which results in homes and condominiums being taken care of and well-maintained. In Indiana, the main laws regarding HOAs and COAs are found in Indiana Code articles 32-25. 5 and 32-25 respectively. The law governing HOAs is also known as the Indiana Homeowners Association Act, which oversees the formulation, management, and operation of HOAs. It is important to know that not all HOAs are bound by the Act, which took effect on July 1, 2009. In short, any HOA created after June 30, 2009, that is authorized to impose mandatory dues on... --- - Published: 2024-04-09 - Modified: 2024-04-09 - URL: https://www.mcneelylaw.com/non-compete-agreements-the-basics-unenforceable-provisions-and-the-uncertain-future/ - Categories: Employment & Labor A non-compete agreement is a legal agreement or clause in a contract which states that an employee must not enter into competition with an employer over a certain period of time. In addition, the agreement usually contains a clause prohibiting the employee from revealing proprietary information or secrets to any other parties during or after employment. Usually, the agreement will also contain a certain length of time that the employee is barred from working for a competitor after employment with their current employer. Under Indiana law, the enforceability of a non-compete agreement depends on the reasonableness of the agreement’s terms. Below is a list of factors that would make a non-compete agreement unenforceable: • When the non-compete agreement is not necessary for protecting the business interest of the company • When the agreement has unreasonable time restrictions (the time restrictions usually hover around 6 months – 2 years) • When the agreement is unreasonable in scope, particularly by prohibiting professional activity outside the geographic area in which the company conducts business • When the employee hasn’t been offered anything in return for signing the agreement. Indiana, similar to many other states, generally does not look favorably on non-compete agreements or provisions. If an employer violates a non-compete agreement, an employer is able to take legal action against the employee. Usually, the employer will pursue an injunction, meaning that the employee, if found to have violated the agreement, would be forced to leave their new employer and continue to follow the... --- --- ## City-State > McNeelyLaw LLP delivers compassionate and skilled guidance. Contact our local family law attorney today. - Published: 2025-06-18 - Modified: 2025-06-18 - URL: https://www.mcneelylaw.com/citystate/family-law-attorney-near-me/ When you're facing legal issues that directly impact your family, the weight of the situation can feel overwhelming. Matters like divorce, child custody, or property division can carry emotional and financial consequences that touch every aspect of your life. At McNeelyLaw LLP, we understand the difficulty of these circumstances. Our local family law attorney can help ease your burden by providing the compassionate attention you need. Understanding Family Law in Indiana Family law encompasses a variety of issues that affect personal relationships and household arrangements. This may include divorce proceedings, creating equitable child custody agreements, establishing child support, or managing property division. It can also extend to matters like adoption, prenuptial agreements, or third-party guardianships. Each case brings unique challenges, requiring careful attention to state legal standards and each family’s specific dynamics. Family law issues are not just about legal outcomes but also about protecting emotional well-being and maintaining stability during turbulent times. The Impact of Family Law Issues Legal family disputes can ripple into many aspects of life. Divorce, for instance, disrupts financial arrangements, emotional connections, and living situations all at once. Children can especially feel the effects of custody battles or support agreements, making it essential to prioritize solutions that minimize long-term harm. The uncertainty of navigating these situations may be compounded by a lack of understanding of the legal process. Questions we often hear include: "How will I protect my children’s best interests in custody disputes? " "What should I expect during a divorce proceeding in Indiana?... --- > Seek the best outcome for your family with McNeelyLaw LLP’s child custody attorney in Rushville. We deliver legal support to protect your parental rights. - Published: 2025-06-18 - Modified: 2025-06-18 - URL: https://www.mcneelylaw.com/citystate/child-custody-attorney-rushville/ When facing child custody disputes, emotions often run high. Whether you’re navigating custody agreements during a divorce or attempting to establish paternity for parental rights, the legal process can feel overwhelming. At McNeelyLaw LLP, we understand how critical these decisions are—not just for you but for your child’s future. Hiring a skilled child custody attorney in Rushville can make the difference between unnecessary stress and finding a resolution that serves your child’s best interests. Understanding the Complexity of Child Custody Child custody disputes can stem from a variety of scenarios, including divorce, separation, or establishing paternity in cases where parents were never married. Indiana courts are required to decide custody arrangements based on what’s in “the best interests of the child. ” This involves evaluating factors such as parental relationships, financial stability, mental health history, and each parent’s ability to provide a safe and nurturing environment. Custody in Indiana falls into two main categories: Legal Custody involves decisions related to education, religion, and healthcare. Physical Custody defines where the child resides and their daily routines. These decisions aren’t just legal battles; they determine how your child lives and thrives. Consequences of Ineffective Representation Without a qualified Rushville child custody attorney, the custody process can feel like an uphill battle. Missteps, missed deadlines, or lack of understanding of Indiana’s child custody laws could result in an unfavorable outcome for you and your child. For example, not presenting evidence of parental involvement or failing to address financial preparedness can impact court decisions... --- > McNeelyLaw LLP offers compassionate family law attorneys in Greenwood dedicated to divorce, custody, and more. Protect your family – schedule a consultation today. - Published: 2025-05-13 - Modified: 2025-05-13 - URL: https://www.mcneelylaw.com/citystate/greenwood-family-law-attorneys/ When family matters take a legal turn, they can evoke a whirlwind of emotions and uncertainties. A trusted guide can make all the difference for families facing sensitive issues like divorce, child custody, or adoption. Family law disputes touch the most personal aspects of life, and finding the right support is key to navigating these challenges effectively. At McNeelyLaw LLP, we understand the deeply personal nature of family law cases and the impact they have on your life. Our Greenwood family law attorneys are dedicated to providing compassionate, client-focused legal services tailored to your situation. Understanding Family Law Matters Family law is a multifaceted legal field that addresses issues like child custody, property division, and spousal support. These matters often come with emotional stakes and require careful resolutions that protect the interests of everyone involved, especially children. When legal guidance feels necessary to protect your family’s well-being and future, having a skilled team can alleviate these concerns. The attorneys at McNeelyLaw LLP understand the deeply personal nature of such cases and work to provide practical guidance and emotional support. The Impact of Family Law Issues Legal disputes within the family can have far-reaching emotional and financial impacts. A drawn-out divorce or unresolved custody dispute can create unnecessary stress, strain relationships, and even affect careers. People often wonder: Will my rights as a parent be preserved? How will my assets be handled? Am I prepared for the lengthy court proceedings and legal jargon? These concerns are both valid and pressing. Without... --- > Family transitions are tough, especially for children. Choose a reliable Greensburg child custody lawyer at McNeelyLaw LLP for compassionate support. - Published: 2025-05-13 - Modified: 2025-05-13 - URL: https://www.mcneelylaw.com/citystate/greensburg-child-custody-lawyer/ Navigating a child custody dispute is one of the most emotionally challenging experiences parents can face. Whether you’re going through a divorce or addressing custody concerns for a child born out of wedlock, the decisions made during this time can shape the future of your family. Parents seeking guidance can turn to McNeelyLaw LLP. Our Greensburg child custody lawyer is here to stand by your side every step of the way. Understanding Child Custody Challenges Child custody cases often come with uncertainty and stress. Questions regarding your child’s future, including where they will live and who will make essential decisions on their behalf, are complex and deeply personal. The court's primary objective is to determine what is in the child’s best interest, but this process considers numerous factors like each parent's relationship with the child, their willingness to cooperate, and their ability to provide a stable environment. For parents, the stakes feel incredibly high as they try to ensure that their child’s welfare is protected while juggling legal complexities. Missteps during this process can lead to unfavorable outcomes, making it critical to approach custody cases with care. The Impact of Child Custody Decisions Child custody rulings will affect the dynamics of your family for years to come. From shared custody agreements to sole custody arrangements, these decisions influence everything from your child’s daily routine to their long-term emotional well-being. Co-parenting schedules, communication protocols, and even financial contributions are aspects that can impact your child’s life, as well as your ability... --- > Navigate your legal matters with our compassionate Franklin family law attorney at McNeelyLaw LLP. Contact us today to begin your path to a brighter future. - Published: 2025-04-19 - Modified: 2025-04-19 - URL: https://www.mcneelylaw.com/citystate/franklin-family-law-attorney/ Family matters are deeply personal, and when legal issues arise, they can feel overwhelming. Whether you're navigating a divorce, disputing child custody or addressing other family law concerns, you need trusted guidance to protect what matters most. At McNeelyLaw LLP, our Franklin family law attorney offers compassionate, client-focused representation to help you through some of life’s most challenging moments. Understanding Family Law Matters Family law encompasses a range of legal matters related to relationships, children and household dynamics. These include but are not limited to: Divorce Child custody Paternity disputes Property division Protective orders Every case carries its own complexities and emotions. Having a Franklin family law attorney who understands the nuances of Indiana’s laws can make all the difference in achieving a fair and effective resolution. The Ripple Effect of Family Law Issues Legal challenges in a family setting often have far-reaching consequences. A poorly managed divorce or custody agreement can strain family relationships, financial security and emotional well-being. For instance, an inequitable property division may leave one party with a diminished quality of life, or unresolved child custody disputes can add unnecessary stress and uncertainty to a child’s upbringing. Without the right legal guidance, these issues can escalate, leaving families feeling lost and unsupported. That’s why prompt action and informed decisions are crucial. How McNeelyLaw LLP Can Help Navigating family law disputes is not something you should take on alone. McNeelyLaw LLP brings a personalized approach to each case, understanding that every family’s circumstances are unique. Here’s how... --- > Looking for reliable Indiana divorce services? McNeelyLaw LLP provides compassionate legal guidance for child custody, mediation, property division, and more. Schedule a consultation today! - Published: 2025-04-19 - Modified: 2025-04-19 - URL: https://www.mcneelylaw.com/citystate/divorce-lawyers-near-me/ Divorce in Indiana can be overwhelming, emotionally challenging and full of legal complexities. At McNeelyLaw LLP, we understand that this is a life-altering decision that comes with profound concerns about your future, family and finances. Our local divorce lawyers are here to guide you through every step, ensuring that your best interests remain at the heart of the process. Understanding Divorce in Indiana Deciding to end a marriage is never easy. Beyond the emotional toll, you’re faced with critical decisions—including asset division and child custody arrangements. Understanding Indiana’s divorce laws can be overwhelming for someone navigating the process alone, which is why it's important to consult with a knowledgeable attorney before proceeding. The Emotional and Financial Impact of Divorce A divorce doesn’t just affect the individuals separating—it impacts families, children and even shared communities. Stress, uncertainty, financial strain and the fear of an unknown future weigh heavily on those involved. You may worry about the division of marital property, particularly assets of significant value or sentimental importance. If you have children, their wellbeing and future can become a central concern. How do you ensure they’re supported emotionally and financially throughout the process? Without professional legal support, it’s easy to feel lost in the myriad of paperwork, legal jargon and unanticipated roadblocks. Divorce is not only a personal challenge but also a legal and financial one. Protecting your rights while finding resolutions that work for your family requires experienced guidance. How McNeelyLaw LLP Can Help At McNeelyLaw LLP, we are committed... --- > At McNeelyLaw LLP, our Shelbyville child support lawyer resolves complex legal issues so you can reach a brighter future. - Published: 2025-03-11 - Modified: 2025-03-11 - URL: https://www.mcneelylaw.com/citystate/shelbyville-child-support-lawyer/ Are you struggling with child support issues? Whether you're navigating a new support arrangement or trying to modify an existing one, McNeelyLaw LLP is here to help. Our experienced Shelbyville child support lawyer provides clarity, resolves disputes and upholds the welfare of children while protecting your legal rights. Understanding Child Support in Indiana Child support is one of the most crucial and often emotionally charged aspects of family law. It is designed so that children receive the financial support they need to thrive, especially after a divorce or separation. However, understanding how child support is calculated in Indiana can be overwhelming. Indiana courts consider various factors when determining child support, including: The income of both parents The number of children involved Childcare and health insurance costs Applicable deductions for either parent The complexity of balancing these factors often leaves parents feeling uncertain about their obligations or what they’re entitled to receive. The Impact of Child Support Issues Unresolved or unfair child support arrangements can lead to significant emotional and financial strain. Missing or delayed payments may put the custodial parent in a difficult position, unable to cover essential expenses such as food, clothing and healthcare for the child. Child support disputes can also fuel further custody disagreements, creating an emotionally draining environment for everyone involved—especially the children. Professional guidance is key to navigating these issues. A compassionate attorney offers the insight you need to reach a better future. How McNeelyLaw LLP Can Help At McNeelyLaw LLP, we understand how vital... --- > When you’re in need of a trusted Rushville divorce law firm, McNeelyLaw LLP can help. Choose us for compassionate and professional guidance. - Published: 2025-03-11 - Modified: 2025-03-11 - URL: https://www.mcneelylaw.com/citystate/rushville-divorce-law-firm/ Are you feeling overwhelmed, uncertain or emotionally drained by the prospect of divorce? Going through a divorce isn’t easy—it’s a life-changing experience that can leave you unsure about your next steps. At McNeelyLaw LLP, our team understands the delicate nature of this difficult time. Our Rushville divorce law firm is here to guide you through every stage of the process with care and professionalism. The Complexities of Divorce Divorce isn’t just about ending a marriage—it’s about restructuring your life. Whether you’re concerned about property division, child custody or financial support, navigating the legal requirements on your own can quickly become overwhelming. Indiana’s divorce laws are often complicated to understand, and individuals may face important considerations for marital assets and liabilities. These complexities demand a thorough understanding of the law to protect your rights. Seeking a Brighter Future Divorce may be challenging, but with an attorney, you can obtain a favorable outcome supporting your long-term financial stability, parental rights and emotional well-being. With proper guidance, you can determine suitable asset division, child custody arrangements and seek the necessary financial support. The process involves careful planning, making an attorney’s representation key to seeking the results you need. How Professional Guidance Makes a Difference Having a seasoned legal professional by your side can alleviate the stress of navigating the divorce process on your own. At McNeelyLaw LLP, we take the burden off your shoulders by managing all the legal aspects of your case. Here’s how we can help: Tailored Legal Strategy: Every divorce... --- > Your family deserves the best. Trust our visitation attorney in Shelbyville at McNeelyLaw LLP to provide the skilled legal guidance you need. - Published: 2025-02-17 - Modified: 2025-02-17 - URL: https://www.mcneelylaw.com/citystate/visitation-attorney-shelbyville/ When navigating legal matters involving children, understanding visitation can be overwhelming. At McNeelyLaw LLP, we understand the vital role that visitation plays in fostering strong, meaningful relationships between children and their families. Whether you are a parent, grandparent or other family member, understanding your visitation rights is essential to preserving your family’s well-being and maintaining important bonds. Our experienced visitation attorney in Shelbyville is here to guide you through the process by providing clarity and compassionate support. What is Visitation? Visitation, often referred to as parenting time, allows a non-custodial parent, grandparent or other family member to spend quality time with a child. The goal of visitation is to prioritize the child's emotional and developmental needs through consistent and meaningful contact with loved ones. However, the specifics surrounding visitation can vary based on individual circumstances and state law. At McNeelyLaw LLP, we recognize that every family situation is different and often complex. Whether you're a parent seeking to secure visitation rights or a grandparent navigating your role in a child’s life, our attorneys can help you understand your options and tailor a plan that works in the best interests of your family. How is Visitation Determined in Indiana? Indiana courts place significant consideration on the well-being of children when making decisions about visitation. Generally, the child’s best interests are at the forefront. Factors such as the child’s age, current living arrangements, relationship with the parent or grandparent seeking visitation and the ability of the individual to provide a stable and... --- > At McNeelyLaw LLP, our Indianapolis family law attorneys help you and your family reach a better place. - Published: 2025-02-17 - Modified: 2025-02-17 - URL: https://www.mcneelylaw.com/citystate/indianapolis-family-law-attorneys/ At McNeelyLaw LLP, we understand that family law matters are some of the most emotional and life-changing challenges you can face. No matter what kind of family-related legal concern you're navigating, you need a team of Indianapolis family law attorneys who can provide empathetic guidance and skilled legal representation. With decades of experience and a deep commitment to protecting the best interests of families, McNeelyLaw LLP is here to help. Our firm offers personalized attention to your case, balancing robust advocacy in court with compassionate support every step of the way. From the initial consultation to the resolution of your case, our aim is to ease your burdens while helping you make informed decisions that shape your future. Comprehensive Family Law Services Family law encompasses a wide range of legal matters, many of which impact critical aspects of your life and relationships. At McNeelyLaw LLP, we handle each case with the utmost care, recognizing that every family’s dynamic is distinct and deserves tailored solutions. Below are some of the areas in which we can help. Divorce Divorce can be one of the most difficult experiences in a person’s life, affecting emotional well-being, financial stability and family dynamics. At McNeelyLaw LLP, we guide clients through every stage of the divorce process in Indiana. We address key concerns such as property division, spousal support and protecting your rights in complex financial situations. Child Custody Few matters are as important to parents as child custody. Determining where your child will live, how parenting... --- > Divorce can be a difficult transition for your family. Speak to our Greensburg divorce attorney at McNeelyLaw LLP to review your options. - Published: 2025-01-15 - Modified: 2025-01-15 - URL: https://www.mcneelylaw.com/citystate/greensburg-divorce-attorney/ Divorce is one of the most challenging and emotionally taxing experiences a person can face. With lives and futures hanging in the balance, the decisions you make during this time can have a lasting impact. At McNeelyLaw LLP, we understand how overwhelming this process can feel, and we’re here to guide you every step of the way. With over 50 years of experience, our Greensburg divorce attorney is committed to protecting your best interests and providing the clarity you need to move forward confidently. Understanding the Divorce Process Navigating the legal aspects of divorce can be complex and overwhelming, especially when emotions are high. At McNeelyLaw LLP, we take the time to explain all procedures so that each client understands their rights, obligations and the steps ahead. From filing petitions to finalizing agreements, our goal is to make the process as smooth as possible for you. Child Custody and Support For parents, child custody and support are often the most contentious and emotional elements of a divorce. These decisions will not only shape your relationship with your children but also impact their well-being and stability. McNeelyLaw LLP approaches these cases with care and determination. We work closely with you to advocate for your parental rights and prioritize your children's best interests. Whether negotiating custody arrangements, determining visitation or establishing fair child support guidelines, we bring both legal skill and empathy to the table. Division of Assets and Property Marriage often involves the intertwining of finances, properties and assets, making equitable... --- > When navigating family law issues, turn to a child support attorney in Indianapolis for help. Call McNeelyLaw LLP today. - Published: 2025-01-15 - Modified: 2025-01-15 - URL: https://www.mcneelylaw.com/citystate/child-support-attorney-indianapolis/ Navigating child support decisions can be overwhelming, especially during a time of significant change like divorce or separation. At its core, child support is about ensuring that children have access to the financial resources they need to thrive. It is a vital element in protecting their well-being, covering essentials such as housing, healthcare, education and more. At McNeelyLaw LLP, we understand the emotional and legal challenges often accompany these matters. Our child support attorney in Indianapolis is committed to providing guidance tailored to your family’s needs. Partnering with McNeelyLaw LLP for Child Support Cases At McNeelyLaw LLP, we pride ourselves on being trusted allies for parents on both sides of child support matters. Our experienced attorneys work closely with clients to navigate the legal process so you can make informed decisions. Whether you are seeking to establish a fair child support arrangement, need assistance modifying an existing order due to changing circumstances or are navigating a dispute, we are here to help. Our legal team takes the time to address all your concerns, explain Indiana’s child support guidelines, and carefully evaluate the specifics of your situation. Our goal is to create solutions that prioritize your child’s well-being while also protecting your interests. How Courts Determine Child Support in Indiana Indiana has clear guidelines for calculating child support, but every case is unique. Courts consider a variety of factors to determine the appropriate amount of support, including: The income of both parents The number of children involved Childcare and healthcare costs... --- > McNeelyLaw LLP, a team of experienced Indianapolis divorce lawyers, is dedicated to providing strategic and empathic legal support to help you navigate the complexities of divorce proceedings confidently. - Published: 2024-12-11 - Modified: 2024-12-11 - URL: https://www.mcneelylaw.com/citystate/indianapolis-divorce-lawyers/ Divorce is undoubtedly one of life's most challenging transitions, often accompanied by emotional turmoil and complex legal considerations. At McNeelyLaw LLP, we understand the intricate nature of these proceedings and are committed to providing compassionate guidance. Our Indianapolis divorce lawyers are dedicated to protecting your rights and interests every step of the way, making us a trusted partner during this difficult time. Understanding the Divorce Process in Indiana Embarking on the path to divorce can feel overwhelming, especially with varying laws and requirements that differ by state. In Indiana, the process begins with meeting certain residency requirements and understanding the grounds for divorce. Indiana is a "no-fault" state, meaning you can file for divorce without proving any reason or assigning blame to either party. Common Challenges in Divorce Divorce encompasses several critical issues that require careful consideration and legal insight: Child Custody and Support: Determining the best interests of the children is paramount. Our attorneys work diligently to establish fair custody arrangements and meet child support obligations, prioritizing the well-being of your children. Property Division: Indiana follows equitable distribution, which means that marital property is divided fairly, though not necessarily equally. Our lawyers have a keen eye for detail and are adept at negotiating favorable settlements to protect your financial future. Paternity Issues: For couples with children, establishing paternity can be a crucial step in upholding parental rights and responsibilities. McNeelyLaw LLP can guide you through these proceedings, whether you're looking to confirm or dispute paternity claims. Navigating divorce proceedings... --- > McNeelyLaw LLP is a team of experienced child custody lawyers near Greenwood dedicated to pursuing the best possible outcomes for families during challenging custody disputes. - Published: 2024-12-11 - Modified: 2024-12-11 - URL: https://www.mcneelylaw.com/citystate/child-custody-lawyers-greenwood/ Divorce or separation can be a challenging and uncertain time, particularly when it comes to the future of your children. Understanding who will care for your children and make key decisions about their upbringing can be a significant concern. At McNeelyLaw LLP, we recognize the emotional complexities involved in child custody disputes. Our child custody lawyers near Greenwood are committed to providing comprehensive support and legal knowledge to guide you through this difficult process. Our Experience in Family Law McNeelyLaw LLP has built a solid reputation in family law, offering more than 50 years of experience in handling child custody cases across Indiana. Our team of dedicated attorneys is well-versed in the nuances of Indiana's custody laws and is committed to helping you achieve a fair and favorable outcome. We believe in prioritizing not only the legal aspects but also the emotional well-being of our clients and their children. Understanding Child Custody in Indiana Indiana's child custody laws are designed to serve the best interests of the child, focusing on their welfare and stability. Custody is divided into two main types: legal custody and physical custody. Legal Custody: This involves the right to make significant decisions about the child's life, including education, healthcare and religious upbringing. It can be awarded to one parent (sole legal custody) or jointly to both parents. Physical Custody: This determines where the child will live. Physical custody can also be sole, where the child lives primarily with one parent, or joint, allowing the child to... --- > When co-parenting communication fails, our Shelbyville child custody attorneys at McNeelyLaw LLP provide solutions. Contact us for guidance today! - Published: 2024-11-24 - Modified: 2024-11-24 - URL: https://www.mcneelylaw.com/citystate/shelbyville-child-custody-attorneys/ Navigating the complexities of child custody can be one of the most challenging aspects of parenting. If you're struggling to communicate effectively with your child's other parent, you're not alone. At McNeelyLaw LLP, we understand how frustrating it can be to make decisions about your child's future in such circumstances. That's why our team of Shelbyville child custody attorneys is here to guide you through this difficult time, helping you find amicable solutions that prioritize your child's best interests and wishes. The Importance of Good Communication Effective communication between co-parents is crucial for ensuring your child's well-being. Clear and open dialogue not only helps minimize misunderstandings and reduce conflicts but also fosters a cooperative relationship that can significantly benefit your child's emotional and psychological development. Co-parents can create a stable and nurturing environment by discussing important decisions, sharing updates about your child's progress, and expressing feelings honestly. This supportive dynamic allows children to feel secure and loved, knowing that both parents are on the same page and are committed to their happiness and growth. About Our Shelbyville Child Custody Attorneys With over 50 years of experience, McNeelyLaw LLP is a full-service law firm skilled in 23 areas of law, including family law, divorce, bankruptcy, criminal defense, healthcare, estate planning, and more. Our team of dedicated attorneys has a deep understanding of the child custody laws in Shelbyville, and we are committed to providing personalized legal services tailored to meet the unique needs and goals of each client. We believe that... --- > Facing divorce uncertainties? Let our Greensburg divorce lawyer at McNeelyLaw LLP guide you. Contact us now for clarity and support for your future. - Published: 2024-11-24 - Modified: 2024-11-24 - URL: https://www.mcneelylaw.com/citystate/greensburg-divorce-lawyer/ Divorce can be one of the most difficult experiences you'll ever face, filled with deep uncertainty and anxiety over the future. Questions about the divorce process, the fair division of assets, and the delicate matter of child custody can leave you feeling overwhelmed and desperate for clarity. It's a time when having the right guidance is crucial. At McNeelyLaw LLP, we understand the emotional turmoil you're going through, and we are committed to helping you make sense of everything. As a full-service law firm, our Greensburg divorce lawyer has been dedicated to assisting individuals for over 50 years, paving the way toward more positive and stable futures. If you're seeking clarity and direction, you've found the right team. Understanding the Divorce Process in Indiana Navigating a divorce in Indiana involves several steps, each with its own legal requirements. Here's a quick overview to help you become familiar with what's ahead: Meet the Residency Requirement – Before filing, you or your spouse must have lived in Indiana for six months and in the county for three months. File a Petition for Divorce – This involves completing and submitting a Verified Petition for Dissolution, Appearance, and Summons, along with the appropriate fees. Cooling-Off Period – A mandatory 60-day waiting period follows the filing, designed to allow both parties time to reconsider. Attend a Children Coping with Divorce Class – If children are involved, attending this class is typically required to support the parent-child relationship. Negotiate a Settlement – Throughout the process, negotiation... --- > Family law cases can arise when you least expect them, and they can involve your children, finances, marriage, and more. Find a family law lawyer in Shelbyville right away. - Published: 2024-11-05 - Modified: 2024-11-05 - URL: https://www.mcneelylaw.com/citystate/family-law-firm-shelbyville/ There are many types of legal concerns involving families that might require the assistance of an attorney, such as divorce, needing a post-divorce modification of custody or support awards, child custody concerns between unmarried parents, considering a prenup, or pursuing an adoption. When you have a family law concern, having experienced legal counsel on your side is the best way to protect your legal rights and resolve your case in accordance with your best interests. Reach out to an experienced family law firm in Shelbyville for the help you are looking for. Divorce Divorce, the separate terms of divorce, and post-divorce modifications are common family law matters. While every divorce is as unique as the family and the situation involved, the basic terms remain the same, including: Parental responsibilities and parenting time – also known as legal and physical custody, respectively Child Support The division of marital property Alimony – or spousal maintenance If you and your divorcing spouse, along with your respective divorce attorneys, are able to resolve each of these terms via negotiations, you won’t need a judge handling your case to make these primary decisions for you. If one or more terms do remain contested, however, your divorce will very likely need to be resolved in court. A skilled family law firm in Shelbyville can help you pursue the most effective resolution to your divorce case. Child Custody In Indiana, child custody involves determining who has the legal right to make significant decisions about a child's upbringing... --- > There is a lot at stake in every parenting case, and you want to protect your child and your parental rights. Seek help from an experienced Indianapolis child custody lawyer. - Published: 2024-11-05 - Modified: 2024-11-05 - URL: https://www.mcneelylaw.com/citystate/indianapolis-child-custody-lawyer/ There are many times when legal questions about parenting rights can arise, including as part of a paternity case, divorce, modification request, and more. If you face any type of custody case, your right to see and care for your children is on the line, and you need to protect those rights with the help of an Indianapolis child custody lawyer. Do not wait to contact McNeelyLaw for the representation and advocacy you need as a parent. Indiana Child Custody Laws Traditionally, these concepts are known as legal and physical custody, and both need to be resolved in any type of parenting case. Legal custody involves the right to make important decisions for your child, including those about religion, education, and medical care. Physical custody refers to where the child will live on a regular basis. In Indiana, there is no presumption that shared custody is in the best interests of the child. Instead, courts consider several factors when determining custody arrangements, including: The age and sex of the child The wishes of each parent Any evidence of domestic violence or abuse The relationship between each parent and their child Each parent's ability to provide a stable and supportive home environment Understanding these factors can be crucial when fighting for your parental rights. This is why having an experienced Indianapolis child custody lawyer by your side can make such a difference. Ways to Resolve Parenting Matters Not every custody case involves two parents battling it out in a courtroom. In... --- > Are you worried about your divorce? Our divorce lawyer in Rushville atMcNeelyLaw LLP offers dedicated support to help you navigate challenges. Call today. - Published: 2024-09-23 - Modified: 2024-10-11 - URL: https://www.mcneelylaw.com/citystate/divorce-lawyer-rushville/ Divorce is undoubtedly one of the most challenging decisions anyone can make. If you're feeling overwhelmed, worried, or uncertain about the future, know that you're not alone. At McNeelyLaw LLP, we understand the emotional and psychological toll this decision can take and are here to assure you that everything will be okay. Our dedicated divorce lawyer in Rushville is committed to tackling the obstacles standing in your way and making this process as smooth and stress-free as possible. Understanding Divorce Challenges Divorce is more than just the legal dissolution of a marriage. It involves complex emotional, financial, and social issues that can be overwhelming to deal with alone. One major challenge in any divorce process is the division of assets and property. Depending on your state's laws, all marital property accumulated during the marriage may need to be divided equitably between both parties. This can include real estate, automobiles, savings accounts, investments, retirement plans, and personal belongings. Another major challenge is child custody and support. When children are involved, the divorce can become more complex and emotionally charged. Both parties must agree on custody and visitation schedules, as well as financial support for the children. Meet McNeelyLaw LLP McNeelyLaw LLP is a full-service law firm with over 50 years of experience representing clients in family law, divorce, and various other legal matters across Indiana. Founded by Lee McNeely, our firm prides itself on professional practice, outstanding client service, and proven success. We've handled significant cases involving key clients, trials, and... --- > When you're fighting to see your child, you need a visitation attorney in Indianapolis just as determined as you are. Call McNeelyLaw LLP today. - Published: 2024-09-23 - Modified: 2024-10-11 - URL: https://www.mcneelylaw.com/citystate/visitation-attorney-indianapolis/ Fighting for visitation rights to see your child is one of the most courageous acts a parent can undertake. Despite the daunting odds, your determination to persevere shines through. Regardless of the challenges you encounter, you consistently find ways to demonstrate your unwavering devotion as a parent. If you're determined to maintain a strong relationship with your child despite the obstacles, McNeelyLaw LLP would be honored to stand by your side. Our experienced visitation attorney in Indianapolis is dedicated to helping you secure the time you deserve with your child. Common Challenges in Securing Visitation Rights Parents often face numerous hurdles when seeking visitation with their children. Understanding these challenges can help you prepare and strengthen your case: Unfounded Allegations: Claims of neglect or abuse can be used against you. Parental Alienation: The other parent may attempt to influence the child's perception of you. Logistical Issues: Distance, work schedules, and other logistical concerns can complicate visitation arrangements. Court Bias: Sometimes, courts may favor one parent over the other based on preconceived notions. At McNeelyLaw LLP, we know these challenges inside and out, and we are committed to fighting for your right to maintain a meaningful relationship with your child. A Proven Visitation Attorney in Indianapolis McNeelyLaw LLP brings over 50 years of legal experience to the table, proudly serving clients across Indiana with professionalism, outstanding service, and a track record of proven success. We are well-rounded in all family law issues, including child custody, child support, divorce, and more, giving... --- > Find experienced divorce lawyers in Indianapolis today. Contact McNeelyLaw LLP for personalized legal support to achieve the best outcome for your case. - Published: 2024-09-03 - Modified: 2024-09-18 - URL: https://www.mcneelylaw.com/citystate/divorce-lawyers-indianapolis/ Divorce is one of the most emotionally taxing experiences a family can go through. At McNeelyLaw LLP, we understand the challenges you are facing and are here to help you every step of the way. Our experienced team of divorce attorneys in Indianapolis is dedicated to ensuring your best interests are upheld throughout the entire process. Why Choose McNeelyLaw LLP? McNeelyLaw LLP is a full-service law firm founded by Lee McNeely, representing clients in various practice areas across Indiana. With over 50 years of legal experience, our firm has built a reputation for professional practice, outstanding client service, and proven success. Our attorneys have handled significant cases involving important clients, trials, and appellate cases in Indiana's history. At McNeelyLaw LLP, we combine the breadth of practice areas found in the largest Indiana firms with the personalized attention of a small-town touch. Our team is committed to providing you with the highest level of legal prowess and support during your divorce. How Our Divorce Lawyers in Indianapolis Make the Divorce Process Easier Navigating a divorce can be staggering, but with McNeelyLaw LLP by your side, you don't have to go through it alone. Our experienced divorce attorneys will lead you through each step, helping you understand your rights and obligations. From filing the necessary paperwork to representing you in court, we are here to protect your interests and make the transition as smooth as possible. Our Comprehensive Divorce Services Include: Insightful Guidance: We provide detailed and comprehensive advice on all legal... --- > If you have a parenting case in family court, you need to make sure your parental rights are fully protected. Schedule a consultation with our experienced Franklin child custody lawyers. - Published: 2024-09-03 - Modified: 2024-09-18 - URL: https://www.mcneelylaw.com/citystate/franklin-child-custody-lawyers/ Child custody cases can address child custody arrangements upon divorce or among parents who were never married, and child custody modifications after the fact are also common. Your child custody terms will directly affect your rights as a parent and your relationship with your child. Working closely with a team of experienced Franklin child custody lawyers, like those at McNeelyLaw LLP, is an excellent way to protect these rights. Your Responsibilities as a Parent In Indiana, child custody is divided into legal and physical custody. Legal custody refers to decision-making responsibilities, while physical custody refers to where the child will live and spend time. Legal Custody As a parent, you have immense responsibilities related to raising and providing for your children, and a major part of this is making primary decisions on their behalf. This is known as legal custody. The categories of decisions involved include: Decisions about schooling Decisions about healthcare Decisions about extracurriculars and travel Decisions about religion You and your children’s other parent can make these decisions together (the way most parents do when they are married), but other options include: Making these decisions together, but one of you has the ability to break a tie (once you’ve exhausted your negotiation options) Dividing these decisions between you according to their category Assigning this decision-making responsibility to one of you alone When it comes to those day-to-day decisions that regularly arise, the parent who is in charge of the kids at the time is responsible for making them,... --- > Find experienced visitation lawyers in Greenwood at McNeelyLaw LLP. Call us for compassionate family law services that prioritize your child's best interests. - Published: 2024-05-11 - Modified: 2024-06-02 - URL: https://www.mcneelylaw.com/citystate/visitation-lawyers-greenwood/ Understanding visitation in Indiana, also known as parenting time, can present a complex maze of legal challenges and emotional hurdles, particularly for parents navigating these waters for the first time post-divorce. If you find yourself searching for dependable advice and effective representation, look no further than McNeelyLaw LLP. Our team of seasoned visitation lawyers in Greenwood stands ready to guide you through the intricate landscape of family law, ensuring that you approach your visitation rights with the utmost confidence and clarity. Understanding Visitation Rights in Indiana In Indiana, the law strongly emphasizes the well-being and best interests of the child or children involved in a divorce or separation. Visitation rights, therefore, are determined with this priority in mind, aiming to ensure that a child maintains a strong relationship with both parents, regardless of their marital status. Factors Influencing Visitation Several crucial factors are taken into account when determining visitation rights, including but not limited to: The child's age, gender, and mental health The child's preference, if they are of sufficient age and maturity Each parent's living situation and how it accommodates the child Each parent's relationship with the child before and after the separation Any history of domestic violence or substance abuse Navigating these considerations requires a deep understanding of the law and a nuanced approach that respects the emotional sensitivities of all parties involved. Our Visitation Lawyers in Greenwood Can Help At McNeelyLaw LLP, our attorneys are adept at handling even the most complex parenting time cases. Our team,... --- > Protect your visitation rights with a dedicated visitation lawyer in Greenwood. Contact McNeelyLaw LLP for experienced legal support. - Published: 2024-05-11 - Modified: 2024-06-02 - URL: https://www.mcneelylaw.com/citystate/visitation-lawyer-in-greenwood/ Are you struggling to secure your visitation rights? Let an experienced visitation lawyer in Greenwood empower you to reclaim precious moments with your loved ones. At McNeelyLaw LLP, we deeply value the relationship between you and your children and are committed to protecting it. Residents of Greenwood and surrounding areas seeking to defend their right to spend time with their children can count on our experienced team for guidance through the legal process. Understanding Your Visitation Rights As a non-custodial parent, you have the right to spend time with your children and maintain a meaningful relationship with them. This is known as visitation rights or parenting time. These rights are typically outlined in a court-ordered visitation schedule, which may include specific days and times for visitation and any restrictions or conditions. It's important to understand that visitation rights differ from custody rights. Custody refers to who has physical and legal responsibility for the child, while visitation refers to the time a non-custodial parent gets to spend with their child. The Negative Impact of Being Denied Your Visitation Rights Being denied visitation rights can have a devastating impact on both the parent and child. For the parent, it can result in feelings of isolation, frustration, and anger. It may also damage the relationship with their child and create barriers for future interactions. For the child, being denied time with their non-custodial parent can be emotionally damaging. They may feel abandoned, rejected, or confused about their inability to see their parent. This... --- > Seek experienced visitation attorneys in Greenwood at McNeelyLaw LLP for dedicated legal support in securing your family's future. Call today! - Published: 2024-05-11 - Modified: 2024-06-02 - URL: https://www.mcneelylaw.com/citystate/visitation-attorneys-greenwood/ Navigating the waters of visitation rights can feel overwhelming, especially following a divorce or separation. Whether you're a newly divorced parent or seeking modifications to your current visitation arrangements, understanding your rights and options is crucial. At McNeelyLaw LLP, our visitation attorneys in Greenwood are dedicated to providing community members seeking legal advice with comprehensive insights into visitation rights and helping you secure a visitation arrangement that works for your family's unique needs. Understanding Visitation Visitation rights, often a matter of concern for divorced or separated parents, are paramount for maintaining a meaningful relationship with your children. These rights refer to the non-custodial parent's legal right to spend time with their children, as a court order defines. The primary aim is to ensure that children continue to have a relationship with both parents, which is crucial for their development and emotional well-being. Modifying Visitation Arrangements As circumstances change, it may become necessary to modify visitation arrangements. This could include changes in work schedules, relocation, or even issues with the custodial parent. In these situations, having strong legal representation can make all the difference in securing a favorable outcome. How Can Our Visitation Attorneys in Greenwood Help? Our attorneys at McNeelyLaw LLP are well-versed in family law and deeply understand the complexities involved in visitation rights. We are here to offer guidance and representation in the following areas: Drafting a Visitation Plan: Our attorneys can help draft a comprehensive visitation plan that fits your family's unique needs while ensuring compliance with... --- > Find skilled guidance and compassionate support with Shelbyville divorce lawyers at McNeelyLaw LLP. Start your new chapter confidently. - Published: 2024-04-06 - Modified: 2024-08-27 - URL: https://www.mcneelylaw.com/citystate/shelbyville-divorce-lawyers/ Divorce is more than a legal proceeding; it's a life-changing event. At McNeelyLaw LLP, we recognize the emotional and financial complexities of ending a marriage. Our team of dedicated Shelbyville divorce lawyers brings tailored solutions, compassion, and unparalleled legal prowess to guide you through every step of this difficult time. Why You Need a Divorce Lawyer While some couples may amicably agree to dissolve their marriage, many divorces involve significant disputes over property, child custody, and support. With a skilled divorce lawyer by your side, you can avoid losing out on the assets or time with your children that you deserve. It's crucial to have a legal advocate who understands the nuances of family law and can provide the guidance needed to protect your rights and secure a fair settlement. With our compassionate approach and unwavering dedication, we strive to alleviate the stress and uncertainty often associated with divorce proceedings, ensuring you have the support and representation necessary to move forward confidently. Why Choose Our Shelbyville Divorce Lawyers? Comprehensive Legal Guidance With extensive practice in 23 areas of law, including Family Law & Divorce, our attorneys possess a broad understanding and deep insights into the multifaceted nature of divorce proceedings. Our skilled team is equipped to handle all aspects of your case, including: Equitable Property Division: We advocate for fair distribution of marital assets and debts, considering every factor to safeguard your financial future. Child Custody and Support: Our primary concern is the welfare of your children. We strive for... --- > Seeking a divorce lawyer in Indianapolis? Contact McNeelyLaw LLP today for personalized legal strategies and compassionate support. - Published: 2024-03-23 - Modified: 2024-08-27 - URL: https://www.mcneelylaw.com/citystate/divorce-lawyer-indianapolis/ Navigating the complexities of divorce can be exhausting. Between dividing assets, determining child custody arrangements, and dealing with the emotional weight of ending a marriage, it's essential to have a skilled and caring attorney by your side. But how do you know which lawyer is right for you? If you need a divorce lawyer in Indianapolis, McNeelyLaw LLP is here to help. We understand that each individual is unique and take a compassionate yet strategic approach to your case. Knowledgeable in 23 areas of law, our firm provides personalized legal guidance and support during this challenging time. Whether you want a clean separation or require strong representation in court, our experienced attorneys are ready to assist you. Divorce in Indiana: What You Need to Know Indiana Divorce Is No-Fault: In Indiana, a couple can pursue a no-fault divorce, stating "irretrievable breakdown of the marriage" as the reason, eliminating the need to prove fault. However, the process still involves a 60-day waiting period and may require mediation. Equitable Division of Property: Indiana courts divide marital assets and liabilities equitably, not necessarily equally. This process considers various factors, including the earning capacity of each spouse, the duration of the marriage, and their standard of living during the marriage. Child Custody and Support Matters: If children are involved, the courts will decide on custody and support based on the best interests of your children, which covers their health, safety, and welfare. The non-custodial parent will also be required to contribute financially to their... --- > Find a reliable family law attorney in Greensburg at McNeelyLaw LLP. We're here to guide you through complex family law matters. Contact us today! - Published: 2024-02-06 - Modified: 2024-02-08 - URL: https://www.mcneelylaw.com/citystate/family-law-attorney-greensburg/ Navigating complex family dynamics can often be challenging, as it requires a delicate balance of empathy, diplomacy, and objectivity. Deep-seated emotional ties, historical contexts, and differing perspectives can make arriving at an amicable resolution difficult. In such instances, seeking legal counsel can be particularly beneficial. If you're looking for a seasoned family law attorney in Greensburg, look no further than McNeelyLaw LLP. Our team of experienced lawyers understands the delicacies and complexities of family dynamics, and we are committed to helping our clients maneuver these challenges with compassion and integrity. What is Family Law? Family law is a specific area of the legal system that covers a broad spectrum of issues related to families and domestic relations. It encompasses marriage laws, including prenuptial and postnuptial agreements, and laws regulating divorce proceedings. It also includes child-related matters such as adoption, custody, visitation rights, and child support. Furthermore, it addresses sensitive areas like domestic violence, restraining orders, and elder law. With emotions running high in such situations, having a trustworthy legal partner to guide you through the process becomes vital. The Importance of Good Representation Family law matters can significantly impact individuals and their loved ones. The decisions made during these proceedings can shape a family's future trajectory. In such circumstances, having knowledgeable and experienced legal representation can make all the difference. A skilled family law attorney can offer valuable insight into complex legal issues, navigate intricate court procedures, and provide practical guidance to help you make informed decisions. They can also... --- > If you are looking for a compassionate Greenwood divorce lawyer, McNeelyLaw LLP offers legal guidance and emotional support throughout the difficult divorce process. Contact us today for a consultation. - Published: 2024-01-22 - Modified: 2024-02-01 - URL: https://www.mcneelylaw.com/citystate/greenwood-divorce-lawyer/ Divorce can be a challenging journey, filled with confusion and uncertainty. That's why it's essential to have an experienced and compassionate Greenwood divorce lawyer by your side, guiding you through every step of the process. At McNeelyLaw LLP, we understand the complexities and emotional upheavals that come with ending a marriage. Our dedicated team is here to guide you through this difficult time, providing professional advice and compassionate support every step of the way. The Indiana Divorce Process During the Indiana divorce process, you can expect several stages. Once the petition for divorce is filed, you'll enter the discovery phase, where both parties gather necessary information about assets, debts, income, and other relevant factors. After discovery, negotiations will start to determine the division of property, child custody, alimony, and other crucial aspects. If a settlement can't be reached, the case will proceed to trial, where a judge will make the final decisions. It's important to note that the duration of the divorce process in Indiana can vary, often ranging from a few months to over a year, depending on the complexity of the case and the parties' willingness to reach an agreement. At McNeelyLaw LLP, we'll be with you every step of the way, providing reliable counsel to ensure your rights and interests are protected. In-depth Understanding of Indiana Divorce Law McNeelyLaw LLP, our divorce attorneys, have extensive knowledge of Indiana divorce laws and are fully equipped to provide guidance throughout this process. Their knowledge extends beyond the courtroom, offering... --- > In matters like divorce and child custody, you want objective guidance and someone to protect your rights. Contact our skilled Shelbyville family lawyers today. - Published: 2023-12-23 - Modified: 2023-12-23 - URL: https://www.mcneelylaw.com/citystate/shelbyville-family-lawyers/ There are many different legal issues that can arise regarding your family, and it is natural to be concerned when this happens. The outcome of many family law cases can have lasting effects on your relationship, finances, and future in general. It is important to protect your interests, and if you need assistance with any type of family law matter, you should contact experienced Shelbyville family lawyers as soon as possible. Divorce Getting divorced is always stressful - emotionally and financially. When you add the legal process into the mix, it can be overwhelming. Any errors can result in unfavorable outcomes, which is why our attorneys guide clients through every single step of divorce. This can include addressing: Division of property Spousal support Child custody matters Dissolution of long-term marriages High asset divorce Divorce for business owners Division of retirement benefits Same-sex divorce Child Custody Agreements Whether you have a paternity case or divorce, or you are parting ways with your child’s other parent, you will need to address parental responsibility for any shared children. You will need an arrangement for sharing physical time with your child, as well as who will be in charge of important decisions for your child. If you are able to come to an agreement on your own, you may submit it to the court for approval. However, if you and your former partner are not able to agree on custody arrangements, you may need the intervention of skilled Shelbyville family lawyers. Child Support Obligations... --- > Divorce cases involve many issues and legal requirements, and you want the best possible outcome to protect your future. Always seek assistance from an Indianapolis divorce attorney. - Published: 2023-11-25 - Modified: 2023-11-25 - URL: https://www.mcneelylaw.com/citystate/indianapolis-divorce-attorneys/ The prospect of divorce can leave you wishing to ignore the issue altogether, but a wait-and-see approach does nothing to help you protect your financial and parental rights. While divorce is a challenging transition, working with experienced Indianapolis divorce attorneys can help you move forward with a greater purpose – confident that you’re taking the steps necessary to help ensure an advantageous outcome. At McNeelyLaw, our skilled family law attorneys are here to help you through every step of the divorce process, from identifying your post-divorce goals to reaching and enforcing a fair divorce settlement. To learn how we may be able to help you, contact us today. The Terms of Your Divorce While it’s true that your divorce won’t mirror anyone else’s, the terms that you will need to hammer out are generally pretty standard. These include: The equitable division of your marital property Your parental responsibilities and parenting time Child support Alimony, if applicable Dividing Your Marital Property Fairly Those assets and properties that you came to own while you were married are owned by both of you in the eyes of the law, and in the event of divorce, they must be divided between you fairly (in relation to the circumstances involved). Even if one of you purchased an item, paid for it, and used it as your own, it may still be considered marital property that must be addressed in the division of your assets and debts. The only exceptions include gifts or inheritances that either... --- > A divorce has many components. Work with a Greenwood divorce attorney to learn more about these components and what to expect from your divorce. - Published: 2023-10-31 - Modified: 2023-10-31 - URL: https://www.mcneelylaw.com/citystate/greenwood-divorce-attorney/ Sometimes, divorce is inevitable. You might have tried marital counseling, legal separation, and individual therapy to change your behaviors but, despite these efforts, found that you and your spouse simply are not compatible. This is not a personal failure – people, even those who were once deeply in love, can grow in different directions. If divorce is in your future, it’s time to consult with a knowledgeable Greenwood divorce attorney. No matter how peaceful or toxic your separation will be, having reliable legal advice can make the process easier. Components of a Divorce Settlement In every Indiana divorce, certain issues must be addressed. These include: Property Division - The couple’s marital assets are divided according to the doctrine of equitable distribution. This means that the court uses a set of factors to determine an appropriate way to divide the assets rather than simply splitting the marital estate in half. Factors considered include: The length of the marriage Each partner’s age and health Each partner’s income and other assets The tax burden of each asset Spousal Maintenance - If one partner will be at a significant financial disadvantage after the divorce, that partner can seek spousal maintenance, also referred to as alimony or spousal support. Spousal maintenance is not awarded in every divorce, and it is typically only awarded for a fixed period of time. If you believe spousal maintenance may be awarded in your case, seeking the guidance of an experienced Greenwood divorce attorney is essential. Parental Rights and Responsibilities... --- > The Greenwood divorce lawyers at McNeelyLaw assist clients with all types of divorce, including contested and uncontested ones. With an experienced attorney, you can ensure that you meet the necessary requirements to file for divorce and have the necessary forms to initiate the divorce process. Our attorneys provide compassionate legal guidance throughout the divorce process and help clients make informed decisions every step of the way. - Published: 2023-08-02 - Modified: 2023-08-02 - URL: https://www.mcneelylaw.com/citystate/greenwood-divorce-lawyers/ For most people, going through a divorce is an overwhelming experience that can impact all parties involved, including children and other family members. At McNeelyLaw, we understand that the dissolution of a marriage can be emotionally and legally taxing. Our attorneys are here to provide you with trusted legal guidance during this difficult time by offering compassionate representation and tenacious advocacy for your best interests. Contact our Greenwood divorce lawyers at McNeelyLaw if you are considering filing for divorce or already going through one and need legal assistance. Contested vs. Uncontested Divorce With a divorce, couples are typically confronted with difficult decisions regarding the division of assets and debts, spousal support/alimony payments, child custody arrangements, visitation rights, and more. When both parties can agree on all major issues before trial, it is known as an uncontested divorce. However, if there remain any areas where an agreement cannot be reached, then proceedings become contested. While the resolution may take longer in a contested situation, uncontested divorces have generally been proven to move through much faster, thereby providing swift closure for those involved. Requirements to File for Divorce in Indiana To file for divorce in Indiana, one of the spouses must have resided in the state for at least six months before filing. To get a divorce in Indiana, you must have “grounds,” which can be defined as a legally acceptable reason. There are no-fault and fault-based grounds for divorce in Indiana. In a fault-based divorce, one spouse pins the responsibility for... --- > Divorce can be a complex process, making it wise to seek advice and support from an Indianapolis divorce attorney at McNeelyLaw. Professional guidance through the legal steps of divorce will help protect your interests while reducing stress along the way. The attorneys at McNeelyLaw can help you reach a favorable agreement through out-of-court negotiations or skilled legal representation in court. - Published: 2023-08-02 - Modified: 2023-09-27 - URL: https://www.mcneelylaw.com/citystate/indianapolis-divorce-attorney/ The prospect of divorce can be scary. Understandably so, as it is nearly impossible to plan for the unknown and anticipate every possible outcome of such an emotionally-taxing decision. However, taking steps towards resolution may grant you greater comfort during this challenging period in your life. At McNeelyLaw, our experienced Indianapolis divorce attorneys are fully prepared to equip you with the powerful legal representation you deserve during your divorce proceedings. Our commitment is that of providing sound counsel and guidance throughout this difficult journey - count on us to be there every step of the way. Fault vs. No-Fault Divorce in Indiana In most cases, couples are able to file an uncontested (no-fault) divorce in Indiana if they agree on all major issues, such as child custody and division of property, without court intervention. A no-fault divorce means that neither party is claiming responsibility or fault with regard to the end of the marriage. In contrast, fault-based divorces involve either one spouse blaming the other spouse for causing the marriage’s breakdown or both parties agreeing that there were certain issues leading up to their decision to dissolve their marriage. Three fault-based grounds for divorce in Indiana are impotency, felony conviction, and incurable insanity. Filing for Divorce in Indianapolis, Indiana Seeking to dissolve your marriage in Indianapolis or other parts of Indiana? To be eligible, one spouse must have resided within the state for a minimum of six months. In addition, they must have lived in the county of filing for... --- > When getting a divorce in Indiana, you must be aware of the state’s procedural requirements when filing divorce papers. A Franklin divorce lawyer at McNeelyLaw can help you prepare for what’s to come during the divorce process, whether you are seeking a contested or uncontested divorce. We will examine your divorce case from every angle to ensure that your rights and best interests are protected. - Published: 2023-08-02 - Modified: 2023-08-02 - URL: https://www.mcneelylaw.com/citystate/franklin-divorce-lawyer/ Filing for divorce in Indiana is a complex process that requires knowledge of state laws and regulations. It is important to understand the requirements to file for divorce, the differences between no-fault and fault-based divorces, and how a Franklin divorce attorney can help you through this process. At McNeelyLaw, we will be with you through it all to ensure your rights and best interests remain protected today, tomorrow - even years down the line! Our legal practice covers a variety of areas, such as divorce, separation, or adoption. No matter what situation arises, we can provide experienced representation for whatever life throws at you. Contested vs. Uncontested Divorce When deciding to pursue a divorce, the most important decision is whether it will be contested or uncontested. A contested divorce requires going through the court system in order for both parties’ rights and interests to be considered by a judge. Uncontested divorces allow couples more autonomy as they have control over their own outcomes without judicial intervention. No matter which path you choose, ensure your rights are protected with assistance from an experienced attorney who can guide you every step of the way during this challenging process. The Waiting Period for Divorce in Indiana After filing a Petition for Dissolution, Indiana law requires a mandatory waiting period of 60 days. The waiting period is also referred to as the “cooling off” period in Indiana. After the cooling-off period passes, the parties can proceed to a final hearing to settle all outstanding... --- > Family law is a broad field that covers a wide range of legal issues related to family life. In Indiana, these matters are handled by family law attorneys who specialize in cases involving marriage, child custody, adoption, divorce, and other related topics. Contact a Shelbyville family law attorney at McNeelyLaw to discuss your rights and options in more detail. - Published: 2023-08-02 - Modified: 2023-09-27 - URL: https://www.mcneelylaw.com/citystate/shelbyville-family-law-attorney/ McNeelyLaw and our skilled family law attorneys in Shelbyville provide compassionate representation to clients across the city. We take an individualized approach, crafting effective solutions tailored to each client’s needs and circumstances. Our goal is a timely resolution of disputes combined with safeguarding your immediate needs and protecting your future and the future of your family. Common Family Law Matters in Indiana Family law in Indiana covers a variety of different matters that fall under the umbrella of “family” and includes everything from marriage to adoption. Common family law matters in Indiana include: Marriage – This includes all aspects of getting married, such as prenuptial agreements and dissolution of marriage through divorce or annulment. Divorce – This covers all aspects of initiating a divorce, including filing paperwork and mediation. Child Custody – This covers all aspects of determining who will have primary custody over the children involved in a divorce case. It also involves setting up visitation schedules and deciding where the children will live and attend school if necessary. Child support – This covers the parents’ obligation to support their children financially. When appropriate, the court will award child support, which will be paid by one parent to another after the divorce is final. Alimony – This covers the payments paid to an ex-spouse for a period of time after divorce. Alimony is also referred to as spousal maintenance. Adoption – This covers all aspects of adopting a child, including filing paperwork and legal proceedings to finalize an adoption.... --- ---