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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
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
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      • High-Asset Divorces
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      • Paternity
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    • Appellate Practice
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      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
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      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
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The Attorneys at Dixon & Moseley, P.C.

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  5. From Inside The Divorce Courtroom: Three Things You Need To Know

From Inside The Divorce Courtroom: Three Things You Need To Know

On Behalf of Dixon & Moseley, P.C. | Jul 8, 2015 | Child Custody, Division of Assets, Divorce, Property Division

Most divorces, even highly contentious ones settle outside the court. Today’s trial court judges do a great deal of case management, such as guiding the parties to mediation, appointment of GAL, and custody evaluations. These steps result in most cases settling on the parties terms. The trial court judge must of course approve any agreement, and will not approve one that is not in your children’s best interests, but typically those issues do not arise.

Only a small portion of cases actually have a contested trial on property issues or child custody. As such, there is not much general awareness of what occurs and what to do in this situation, a bench trial (before the judge—there is no right to a jury trial in a divorce case). This blog explores one aspect of this matter—what you as a party can do (or avoid doing) with/through your attorney to make your best case. Simple things help. Details matter. Here are the three tips for divorce litigants going to trial:

1. Making unfound allegations about the other parent:

Particularly in custody cases, common allegations such as, one parent drinks in excess. This statement may harm your case if you do not attempt to substantiate it. Every parent probably has some vice, but it is the extent to which it has any impact on the child(ren) that matters. Where such behaviors are problematic, there is almost always a way to corroborate this for the judge. If you do not, it may look like you are merely denigrating the other parent, which may speak to your status as a custodial parent. Be careful. Words have power.

2. Being “histrionic:”

This term has a psychological component, theatrical underpinnings by ordinary definition, and significance in a custody case. A parent who lists out every parenting shortfall, problem, or issues “since the beginning of time” is typically looked on as alienating behavior and why a parent may not be a suitable candidate in the court’s view for custody of the child(ren). While such lists do demonstrate power, they should be substantial (i.e., Johnny was unattended and broke his arm) versus petty (i.e., sally got a couple bug bites at the other parents house).

3. Tying it together:

Life does not occur on an orderly basis, it is messy, chaotic, and sometimes unexplainable in any given day. The human tendency is to explain it the same way, in a non-linear or stream-of-consciousness throught process. However, while it will make perfect sense to the parties (although they may disagree to it in some aspects), and perhaps the attorneys who have “lived the case,” it is unlikely the judge can assemble the pieces and weigh them appropriately without help from you. In other words, through summary in testimony (a sheet of paper admitted as an exhibit) or special findings (the same thing proposed to the court in a more detailed fashion at the end), it is important to show how all of the evidence (yours) fits together under the best interests standard.

This is the way to have the best outcome of the trial court weighing the evidence under the controlling law. We hope you find this blog post helpful. It is for general educational information. It is no intended to be legal advice or a solicitation for representation. This blog post was written by attorneys at Dixon & Moseley, P.C. who practice domestic law throughout the State of Indiana.

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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