Marcus Law Firm, LLCMarcus Law Firm, LLC2026-05-26T12:52:48Zhttps://www.marcus-lawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1604714/2024/08/cropped-Marcus_Law_Firm_LLC_Site_icon-32x32.pngOn Behalf of Marcus Law Firm, LLC<![CDATA[What happens to custody when military orders change?]]>https://www.marcus-lawfirm.com/?p=469022026-05-26T12:52:48Z2026-05-26T12:52:48ZNew military orders can disrupt even the most careful parenting plan. A new duty station, training assignment, deployment or return from active duty may affect school schedules, exchanges, calls and the time each parent can spend with the children.
For military families in Indiana, custody questions do not usually turn on a single parent’s service. Courts focus on the child’s best interests, while also recognizing that military duties can create real scheduling problems.
Military orders may require a temporary plan
A service member’s absence may call for temporary changes to parenting time. That does not always mean the other parent should receive a permanent change in custody. The key question is often whether the current order still works while the parent is away.A temporary plan may address practical issues such as:
Exchanges before deployment or relocation
Video calls and phone contact
Holiday or school break parenting time
Transportation costs
Make-up parenting time after return
Communication with relatives who support the child
These details matter because vague plans can create conflict later. Custody issues involving relocation depend heavily on state law, so service-related absences require careful alignment with local statutes to avoid disrupting existing arrangements.
Relocation can raise separate custody concerns
A move ordered by the military may also trigger relocation issues. In Indiana, a parent who wants to move with a child may need to provide notice and explain how the move will affect custody, parenting time and the child’s daily life.The court may look at how the proposed move affects school, stability, family support, travel between homes and each parent’s ability to stay involved. A move that works for the service member’s career may still create hard questions for the child’s routine.Parents dealing with military family law matters should also think through what happens if orders change again. A plan that works for one assignment may not work for the next.
Returning home may not reset everything automatically
When a service member returns, the family may need another change. The prior schedule may resume, or the parents may need a modified plan if the child’s needs have changed.For example, a child may now have a new school schedule, medical needs, activities or stronger ties to one household. Those changes do not erase a parent’s military service, but they may affect what arrangement makes sense moving forward.
Build the plan before orders create conflict
Military orders can change quickly, but custody problems often become harder once a parent has already moved, deployed or returned to a disputed schedule. If new orders may affect parenting time, the next step is to review the current custody order, gather the military paperwork and identify which parts of the schedule no longer work.Parents should also think through practical details before asking for changes, including travel, school breaks, virtual contact and make-up parenting time. A clear proposal can help the court see how the child’s stability and both parents’ involvement can be protected while military duties continue.]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Can the divorce proceeding continue while you are on active duty?]]>https://www.marcus-lawfirm.com/?p=469012026-04-27T09:43:36Z2026-04-27T09:43:36ZWhat the tactical pause allows service members
You have the right to request a pause on divorce if your duties prevent you from being in court. It is essential to note that this applies if you are currently on active duty or 90 days thereafter and received notice of the action. To activate the pause, you must provide two things:
Personal letter: Explains how your military duty keeps you from court and provides a date when you think you will be available
Letter from your commander: Confirms that your duty prevents you from appearing in court and that you cannot take leave at that time
Failure to act is not an option. Without these documents, the divorce proceeding will continue as scheduled.
When an extension is possible
Sometimes, your active duty can extend beyond the 90-day pause. If this is the case, you may ask for an additional stay. The court will decide if more time is truly needed. If the judge refuses to grant this request, they must appoint counsel to represent you. They also cannot enter a default judgment against you unless you have an attorney to represent your interests.
Why you still need to address the divorce
While the SCRA can provide protections, it does not permit you to avoid divorce fully. Eventually, the stay will lift, especially if the courts did not grant you an extension.
Whether you are navigating a pension division or fighting for parenting time, you deserve a strategy that protects what you have built. Seeking legal counsel is wise to approach the matter with caution.]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Can deployment affect custody decisions in Indiana?]]>https://www.marcus-lawfirm.com/?p=468992026-03-19T07:32:29Z2026-03-19T07:32:29ZMilitary service can shape daily life in ways most families never face. When divorce and custody enter the picture, deployment often raises a real concern: will time away affect your rights as a parent?
In Indiana, the law tries to balance your service with your role in your child’s life. Looking at how courts handle deployment can help you see what may change and what usually stays protected.
Custody is not lost by leaving
To start, Indiana courts focus on your child’s best interests, not your job status. That means being deployed does not automatically reduce your custody rights. A judge cannot treat your service as a negative factor when deciding permanent custody.Instead, courts turn to everyday parenting factors that show your role in your child’s life. These may include your bond with your child, your involvement in school or activities and your ability to provide stability. For example, regularly helping with homework or showing up for school events can reflect strong involvement, even if deployment interrupts that routine for a period of time.Because of this approach, deployment often affects timing rather than long-term rights. Courts recognize that military service may require temporary absence, so they focus on preserving your role instead of replacing it.
Keeping the connection alive
With that in mind, courts often shift their focus to how parenting time works during deployment. While custody may stay intact, schedules may need to adjust so your child continues to feel supported and connected.Creating a temporary plan can help maintain that connection while you are away. Common adjustments may include:
Allowing virtual visits through video calls each week
Scheduling longer visits before or after deployment
Letting a grandparent or relative spend time with your child in your place
Using these options can help your child keep a sense of routine and connection. As a result, even when you are not physically present, your role can remain active in your child’s daily life. Once deployment ends, courts often expect parenting time to return to the original plan.In this process, working with a family law attorney can help ensure these temporary changes protect your rights and reflect your child’s needs.
Serving does not mean losing
In the end, serving your country may take you far from home, but it does not erase your place in your child’s life. Indiana law aims to keep your parental role steady, even when schedules change. By focusing on consistent involvement when possible and planning for temporary gaps, you can help preserve that bond over time.]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Protecting your practice: 3 things to know about Indiana divorce]]>https://www.marcus-lawfirm.com/?p=468982026-02-19T09:14:00Z2026-02-19T09:14:00ZDivorce can threaten everything you have built, especially if you own a professional practice. In Indiana, the law treats most property as part of a “one-pot” estate. Courts can consider nearly all assets, including those acquired before marriage, when dividing property. Professionals need to understand how the law affects their business to protect both practice and family.
Below are three things to keep in mind.
1. How your business fits in the one-pot
In Indiana, a court can include your professional practice in the marital estate, even if you owned it before marriage. Simply showing it’s “pre-marital” is not enough to protect it. To keep control, you need to explain why dividing it unequally is fair. Courts look at your contributions, how much the business mixed with marital funds and the steps you took to keep it separate. Keeping clear, detailed records is crucial to support your case and get a fair outcome.
2. The role of goodwill
A practice’s value often divides into two parts: the business itself and your personal contribution. Indiana law treats these differently. Enterprise goodwill, including client lists, systems and infrastructure, can enter the marital pot. Personal goodwill, consisting of reputation, skill and client loyalty, remains with you. Carving out personal value reduces the portion subject to division. This protects the part of your practice that relies on your expertise.
3. Protect clients and follow professional rules
Divorce discovery may become aggressive. Ethical duties to clients remain in force. Indiana courts allow submission of redacted financial records. These protect sensitive client information while meeting legal obligations. Maintaining separate personal draws and business accounts shields your practice from unnecessary scrutiny. Proper record-keeping preserves both practice and professional integrity.Focusing on classification, goodwill and professional ethics limits the impact of divorce on your practice. This approach increases confidence during a challenging process.
Take steps to protect your future
Ending a marriage is difficult in several aspects, but divorce does not have to threaten your livelihood. Thoughtful planning, careful documentation and legal guidance protect both practice and family. Consulting a qualified attorney helps you create strategies that fit your situation. Legal guidance provides clarity and reassurance while managing the next phase of life.]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Is a military pension at risk in an Indiana divorce?]]>https://www.marcus-lawfirm.com/?p=468972026-01-28T22:16:15Z2026-01-28T22:16:15ZIndiana has unique rules
When a service member divorces, military rules do not govern the divorce proceedings. Instead, the spouses file for divorce in the civilian courts. The current residence of the spouses determines the jurisdiction for divorce proceedings.
If spouses divorce while living in Indiana, then Indiana state statutes determine what happens to their shared property. Indiana has a “whole pot” approach to the assets of spouses that differs from common practices in other states. A military pension is likely subject to division during divorce in Indiana. Even if the spouses don't directly divide the pension, they may need to consider its value when settling other property division matters.
There are military rules in place that allow for direct pension distributions to non-military spouses in qualifying circumstances. Under the 10/10 rule, the non-military spouse could receive direct pension payouts from the Defense Finance and Accounting Service (DFAS) in qualifying circumstances.
If the marriage lasted for at least 10 years and the service member spouse has 10 years of qualifying service during the marriage, then DFAS can make direct pension distributions to the non-military spouse. If the marriage was shorter than 10 years or if the serving spouse had fewer than 10 years of service during the marriage, then the spouses may need to make alternate arrangements for addressing the pension in their divorce proceedings.
Learning more about Indiana's unique approach to property division can be beneficial for those preparing for a military divorce. Spouses who understand property division rules and military rules as well can empower themselves to negotiate more effectively in the early stages of divorce.]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Protecting your nursing license all year long ]]>https://www.marcus-lawfirm.com/?p=468962025-12-23T16:53:29Z2025-12-23T16:53:29ZProtecting a nursing license is not a one-time concern tied to acquiring the license itself. Too often, professionals are under the impression that once they are licensed, their professional status will simply remain intact forever as a reflection of their educational achievements. Instead, protecting one’s nursing license is an ongoing responsibility that requires awareness, consistency and proactive decision-making throughout the year.
For nurses in Indiana, a professional license is more than a credential. It represents years of education, training and dedication, and it is often the foundation of long-term financial stability. One of the most important ways to protect a nursing license is by maintaining strict compliance with professional standards and workplace policies. This includes following scope-of-practice rules, medication administration protocols, documentation requirements and patient confidentiality obligations. Even small deviations, such as incomplete charting or informal shortcuts during busy shifts, can raise red flags during audits or investigations.
Additional noteworthy considerations
Staying current with continuing education is another important safeguard. Licensing boards frequently update requirements, and failing to meet renewal deadlines or educational mandates can result in discipline that is entirely avoidable. Nurses should track renewal dates, verify course approval and retain documentation throughout the year rather than scrambling at the last minute.Communication choices also play a major role in license protection. Social media activity, casual conversations with coworkers and off-the-record comments can quickly become evidence in a complaint or investigation. Nurses should remain mindful that patient information, workplace disputes and internal concerns should be addressed through proper channels, not informal or public forums.Substance use and health-related issues deserve careful attention as well. Even lawful prescriptions or personal struggles can raise licensing concerns if they affect patient safety or job performance. Seeking help early, understanding employer reporting obligations and knowing when to request accommodations can prevent issues from escalating into disciplinary action.Another important step that all nurses should take whenever necessary involves responding appropriately to complaints or board inquiries. Many nurses mistakenly believe they can explain their way out of a problem without guidance. Statements made to supervisors, investigators or licensing boards can have lasting consequences. Knowing when to pause, gather information and seek legal guidance can make all the difference when it comes to protecting one’s rights and license.Protecting a nursing license all year long means staying informed, cautious and prepared. Proactive attention throughout the year can help to better ensure that a nurse’s career remains secure, respected and intact all year long. ]]>On Behalf of Marcus Law Firm, LLC<![CDATA[3 moves for nurses hoping to protect their at-risk licenses]]>https://www.marcus-lawfirm.com/?p=468952025-11-19T18:44:11Z2025-11-19T18:44:11ZBecoming a nurse does not happen overnight. Aspiring nurses must complete a degree and pass a very thorough state test. They must commit to the completion of continuing education requirements and continuously meet professional standards while on the job. Criminal charges, disciplinary action by employers and complaints brought by patients could all lead to licensing issues for registered nurses. If the Indiana State Board of Nursing determines that a nurse has violated regulations or failed to meet key standards, the Board could revoke or suspend a nurse's license. Thankfully, those facing professional discipline at the licensing authority level have the right to defend themselves and their careers. What tactics can help nurses protect their licenses?
Fighting criminal charges
Frequently, the best way for a nurse to avoid major professional penalties triggered by criminal charges is to avoid a conviction. Responding assertively to allegations of criminal conduct can help a nurse avoid a conviction and, therefore, the professional discipline that might follow if they have a criminal record. Working with the defense attorneys can help a nurse protect their nursing license by avoiding a lifetime criminal record.
Having help at hearings
Disciplinary hearings are administrative matters that may require legal representation. Nurses have the right to retain a lawyer's services for the purpose of defending their license or negotiating with the State Board of Nursing. Proper legal advocacy can help nurses avoid major consequences. An attorney can also help negotiate lesser penalties as a means of protecting the nurse’s license.
Addressing issues proactively
Perhaps patient complaints relate to a lack of cultural sensitivity. Maybe a nurse faces criminal charges or discipline due to substance abuse. Enrolling in courses, beginning substance abuse therapy and otherwise demonstrating a voluntary attempt to address personal shortcomings and challenges can be beneficial for those preparing for a disciplinary hearing. State authorities often look positively on those who acknowledge their errors and take steps to correct the issues that led to disciplinary efforts. There may be other solutions available depending on the nature of the issue and the nurse’s professional history. Reviewing a disciplinary issue or pending criminal charge can help a nurse plan a strategy to protect their state license. The right response can make a major difference for those who have invested in their careers and want to continue offering hands-on patient support for years to come.]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Understanding the impact of a DUI arrest on your nursing license]]>https://www.marcus-lawfirm.com/?p=468922025-11-03T08:50:51Z2025-11-03T08:49:24ZBoard reporting duties after a DUI arrest
You do not always have to report a DUI arrest right away, but you may need to report a conviction or plea related to driving under the influence within a specific timeframe. You also often answer renewal questions about arrests or convictions when updating your license.
Even if your case might end without a conviction, keeping detailed records can help you respond if the board asks for documentation or clarification. Staying organized supports your ability to handle the situation responsibly.
Possible disciplinary actions and outcomes
If the board of nursing or the state reviews your case, they may examine whether the incident shows impaired judgment or unsafe practice. The outcome can depend on several factors, including your conduct, cooperation and efforts toward rehabilitation.
The board could issue measures such as probation, suspension or other restrictions. Showing that you have addressed any concerns through treatment, counseling or compliance may lower the risk of a more serious result.
Protective steps to safeguard your nursing license
Taking deliberate action after your arrest helps you stay in control of the licensing process. You can protect your license by:
Gathering legal and court documents from your case
Seeking professional guidance from someone experienced in license matters
Keeping proof of treatment, counseling or education efforts
Cooperating with your employer and the board
Your willingness to take responsibility can demonstrate reliability and professionalism.
Taking the next step with perspective and care
A DUI arrest can feel overwhelming, but it does not have to define your career. The board’s response may include a warning, probation or a temporary restriction, depending on the circumstances.
Your approach to the process can make a difference. When you stay transparent, show progress and follow professional guidance, you may be able to regain stability in your work. Viewing each step as an opportunity to rebuild trust can help you move forward and continue contributing as a nurse.]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Late in renewing your nursing license?]]>https://www.marcus-lawfirm.com/?p=468912025-10-02T20:16:51Z2025-10-02T20:16:51ZRenewing a nursing license on time is important when it comes to maintaining a nursing professional’s ability to practice legally in Indiana. Nurses who miss renewal deadlines may face serious consequences that extend beyond administrative inconvenience. In some cases, a lapse can result in disciplinary action, financial penalties and even the suspension of a career.
In Indiana, nurses must renew their licenses by the deadlines set by the Indiana Professional Licensing Agency. Failure to do so typically results in a license becoming inactive, meaning the affected nurse cannot legally provide patient care until the renewal is completed and the license is restored to active status. Continuing to work without an active license, even unintentionally, can lead to allegations of unlicensed practice—a violation that may result in fines, board investigations and long-term damage to a professional record.Nurses are also expected to complete a certain number of continuing education hours as part of their renewal. If renewal is delayed, the board may closely scrutinize whether those requirements have been met. Any gaps in documentation could complicate the renewal process and potentially lead to disciplinary reviews.
Is it too late to take action?
For nurses who have already missed their renewal deadline, the most important step they can take is to act quickly. Submitting the renewal application, paying late fees and providing proof of continuing education may be enough to resolve the issue. However, if the board has already initiated an investigation or disciplinary process, seeking experienced legal guidance may be necessary. An experienced legal team can help explain the circumstances, explore mitigating factors, and work toward restoring a professional’s license with as little disruption to their career as possible.A lapse in license renewal does not have to end a nursing career, but ignoring the problem can make matters much worse. Nurses who find themselves in this position should take the matter seriously, address it immediately and seek support if needed. By responding proactively, it is often possible to resolve the issue, protect a professional reputation and return to serving patients without lasting harm to one’s career. ]]>On Behalf of Marcus Law Firm, LLC<![CDATA[Could complaints from patients cost a nurse their license?]]>https://www.marcus-lawfirm.com/?p=468902025-09-04T01:10:29Z2025-09-04T01:10:29ZFiling a complaint has never been easier
Patients who feel dissatisfied with the standard of care that they received generally have two options. Most choose to report their issues to the employer. They speak to the practice manager in a medical office or communicate with someone in patient relations at a hospital. Their complaints could lead to a review of a professional's job performance, employment-related disciplinary action and even a requirement to undergo sensitivity training.
Other times, those filing complaints may choose to reach out to the state Attorney General, who can investigate and turn the case over to the Indiana State Board of Nursing. What was once a complicated and confusing process is now relatively accessible to people.
A simple internet search can lead angry patients to a website where they can submit complaints against nurses. Allegations that a nurse discriminated against a patient because of their protected characteristics and mistreated them could lead to an investigation. So could claims of negligence, incompetence or professional misconduct, such as the intentional diversion of a patient's medication.
The Indiana State Board of Nursing may investigate and could pursue disciplinary action against a nurse accused of misconduct by a patient. Disciplinary hearings can lead to a variety of consequences, including the loss of a state license.
Registered nurses and other professionals facing investigations and disciplinary hearings have the right to legal representation throughout that process. Securing appropriate support can help nurses protect the licenses that allow them to continue their careers.]]>