As the harsh economy threatens the financial security of thousands of Hoosiers across the state, Indiana lawyers and judges are gathering to learn how to handle mortgage foreclosure cases, reports the Indiana Supreme Court.  The Indiana Supreme Court reports that mortgage foreclosures have increased by 50% during the last five years in the state’s courts.

Indiana Supreme Court Justice Randall T. Shepard hopes to train more attorneys in Indiana than in any other state in how to represent people facing mortgage foreclosure cases in Indiana.

The goal is to train hundreds of attorneys and judges across the state on how to help families in jeopardy of losing their homes. The program includes an effort to provide free legal help to homeowners in need of assistance. Chief Justice Shepard explained, “It makes sense that a person who is facing a financial burden so severe that they may lose their home cannot afford to hire an attorney to review their foreclosure case. That is why we are recruiting volunteer attorneys to help people who are in need of assistance.”

Technorati Tags: financial crisis, Indiana Supreme Court, mortgage foreclosures

Lake County, Indiana’s Circuit and Superior Courts have adopted mandatory new local rules for Family Law matters, including divorce that require parents, attorneys, and courts to demonstrate a commitment to the cooperative model of handling family law cases, as opposed to the old style adversarial model.

“These rules shall apply to family cases in the Lake Circuit and the Superior Courts of Lake County, Civil and Juvenile Divisions,” states the Lake County Rules of Family Law L.R. 45-F.L.00-1.  Family law cases are defined by the Lake County, Indiana local rule as “all cases involving claims for or related to marital dissolution or separation, paternity, child custody, parenting time or visitation with a child, and support of a child or spouse.”  See L.R. 45-F.L.00-1(C).

In setting forth the new cooperative family law model for divorce cases and the like, Lake County, Indiana Local Rule L.R.45-F.L.00-2 states:

The Circuit and Superior Courts of Lake County are committed to a cooperative model for the handling of family law cases by parents, attorneys, and judges.  These rules shall be liberally construed and applied to serve the healthy and child-sensitive functioning of families. In all family cases with children, the goal will be protecting the best interests of those children.

The goal of the new family law rules is to have attorneys and parents involved in family law cases “act with the courts as co-problem solvers, not mere problem reporters.” See L.R.45-F.L.00-3. The family law rules seek to “establish and maintain an atmosphere which fosters cooperative problem-solving.” See L.R.45-F-L.00-3(B).

To that end of increased cooperation and co-problem solving during divorces, dissolutions and other parental legal cases, the Lake County local rules require attorneys, parents and parties to:

(1) Explore resources which may reduce conflict, build cooperation and protect children;

(2) attempt reasonable cooperative measures before resorting to the court;

(3) avoid disrespectful language and behavior; and,

(4) avoid unnecessary motions or petitions, hearings and arguments.

Technorati Tags: child custody, cooperative problem solving, dissolution, divorce, family law cases, Lake County Indiana, Local Rules, parenting time, paternity, separation, visitation

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