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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
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      • Defense Of Protective Orders
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The Attorneys at Dixon & Moseley, P.C.

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  5. Four Red Flags In Divorce: Are You Waiving A Red Flag Or A White One?

Four Red Flags In Divorce: Are You Waiving A Red Flag Or A White One?

On Behalf of Dixon & Moseley, P.C. | May 14, 2015 | Divorce, Legal Separation, Protective Order

Divorce attorneys all want to help every client or potential client meet their legal objective, which may range from a certain distribution of assets to specifics of custody. However, unlike most areas of law every seasoned family law attorney or judge will tell you emotion fuels divorce and a litigant often is in the best of time (freedom) and the worst of times (lower economic standard with two households) at the same time.

Most litigants want to waive the white or checkered flag and have the divorce behind them.

However, a small percentage of cases are “white” hot, meaning the case—maybe your case—is one that raises red flags for attorneys. With these cases, all of the wrongs of the past become focused on and attributed to the other spouse. There may be little you can do to stop your case from being a red flag case, but identifying it will help you work with your attorney to minimize a bad situation and ultimately put it behind you.

The first red flag is an “emergency,” and in many aspects, is a commonality in the other

“red flags.” In many respects, every issue in every divorce is an emergency because the time with the children or money being spent may not be recovered. However, in most cases, it took a long time to get to the matter and will take time to unwind. Good attorneys do not sit idly by waiting to address an emergency. And trial court’s disfavor many motions or requests being labeled as an “emergency.”

It may take days or weeks to get the matter resolved. If it were easy to do so, an attorney and/or court would not be involved. The point to take from this is that if you understand this, it will keep you from having doubt in your counsel and the legal system and make the best of a bad situation.

The second issue is where a protective order is filed before or during the divorce or custody or paternity proceedings. A protective order makes the case take longer, and often causes immediate issues with where a party may live and/or contact with the children. Recognizing this, courts will often consolidate both cases into one court to avoid duplication of litigation, expense, and make the case more apt move along in an efficient way.

Thirdly, reports of abuse or neglect to child services are for the benefit of a child—they protect the child. However, where this occurs, the divorce or paternity courts share concurrent jurisdiction. This means that it is likely two proceedings can be going on. This creates complexity and causes more legal expense and time to resolve. Again, the important point is to avoid this causing you to question or blame your attorney or the court. Both exist to help.

Finally, assuming any one or all of these cases is pending, sometimes a criminal case is filed. This may allege a violation of a protective order, spousal abuse, or neglect of the children. This creates the need for more court time, perhaps a criminal attorney, and invokes legal issues that sometimes compete with each other. For instance, in a criminal case there is the right to remain silent; and this extends into any other companion case.1 However, remaining silent may well have a significant negative impact on the other cases. Your attorney and court are there to assist, but cannot undo outside events.

This blog post is written by attorneys at Dixon & Moseley, P.C. and is for general educational purposes only. It is not legal advice, or solicitation for legal services. Dixon & Moseley, P.C. attorneys handle civil and criminal appeals from all Indiana state trial courts, Seventh Circuit Court of Appeals, or United States Supreme Court.

  • Fifth Amendment to the United States Constitution.
  • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 6, 2026 | Appellate Practice

    An Indiana appellate lawyer's guide to Notices of Appeal, Indiana Appellate Rule 9, filing deadlines, and the first step in the appellate process. Quick Answer: What Is a Notice of Appeal in Indiana? A Notice of Appeal is the document that formally starts an appeal in...

    What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

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    Recent Posts

    • What Is a Notice of Appeal in Indiana? A Guide to Starting an Indiana Appeal (2026)
    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

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