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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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  5. Three Things You Need to Know About a Family Business and Divorce

Three Things You Need to Know About a Family Business and Divorce

On Behalf of Dixon & Moseley, P.C. | Sep 30, 2015 | Business Valuation, Division of Assets, Divorce, Family Business

Small business is the engine that drives America. Often times divorce attorneys face a scenario where parties are divorcing and the means of income that has provided for the family is the small business. An example would be a doctor, lawyer, or landscaper. The obvious assumption most of us would make is that this would continue to be the source to maintain the parties (and their children) after the divorce.

However, sometimes this is not the case. There are three key points to consider if you have a family business and are contemplating divorce. First, a business entity (except a sole proprietorship) is its own legal person and is not a party to the divorce. What is subject to the divorce court’s jurisdiction is what the parties possess to control in whole or part of the business, such as stock shares. Thus, the business may sometimes operate in ways one or both parties do not desire during the divorce.

Second, a business may be valuable because of its name, possessions, and unique processes. In this case, the “goodwill” and ability of the business to continue with other owners means it can be bought or sold. This may be the way the parties “cash out” this marital asset and continue by investing the proceeds from the sale. However, some businesses, such as medical doctor or lawyer may have little value for anything other than the spouse who is so licensed and create a low value marital estate. This means one spouse may not obtain much financial benefit from its closure or sale.

Third, some small business, particularly those with multiple family members or owners, have buy-sell provisions that mandate shares or other indicia of ownership be sold at a fixed price upon a filing of divorce, or some similar provision, which would limit the value available to the marital estate on divorce.

In short, where a family business is a large part of the marital estate or way of existence of the parties, a party contemplating divorce should carefully select divorce counsel who understands this distinction—a family business is not necessarily a part of the divorce estate or worth a great deal of money despite its past ability to provide a high level lifestyle.

We hope you find this blog post useful. Dixon & Moseley, P.C. advocates practice and handle divorce cases across the State of Indiana. We hope you find this information helpful to you. This blog post is written by attorneys at Dixon & Moseley, P.C. and is not intended to provide specific legal advice or solicit services.

Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

What Does the Indiana Court of Appeals Review (and What It Won’t)?

On Behalf of Dixon & Moseley, P.C. | Mar 11, 2026 | Uncategorized

If you’re thinking about an appeal in Indiana, one of the most important — and most misunderstood — questions is what the Indiana Court of Appeals will actually review. Many people assume an appeal is a “do‑over” of the trial. It is not. The Indiana Court of Appeals has a limited role, and understanding that role early can help set…

Indiana Criminal Appeals: How to Appeal a Conviction in Indiana

On Behalf of Dixon & Moseley, P.C. | Mar 5, 2026 | Uncategorized

A criminal conviction in Indiana does not always mark the end of the road. In many cases, defendants have the right to pursue a criminal appeal in Indiana and ask a higher court to review whether legal errors affected the outcome of their case. Understanding how Indiana criminal appeals work, and acting quickly, can be critical to protecting your rights.   What Is a…

Who Is Entitled to Parenting Time During Spring Break in Indiana?

On Behalf of Dixon & Moseley, P.C. | Feb 26, 2026 | Uncategorized

Spring break is a highly anticipated time for children—but for divorced or separated parents, it often raises important legal questions. One of the most common questions Indiana family law attorneys hear is: Who gets parenting time during spring break in Indiana? Ultimately, the answer to this question is fact specific. However, generally speaking, the answer can be found in your…

Appealing Summary Judgment in Indiana: What Works (and What Doesn’t)

On Behalf of Dixon & Moseley, P.C. | Feb 24, 2026 | Uncategorized

Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate practice. This can leave many with a multitude…

What Are the Indiana Parenting Time Guidelines?

On Behalf of Dixon & Moseley, P.C. | Feb 22, 2026 | Uncategorized

When parents separate or divorce in Indiana, one of the most important and emotional issues to resolve is parenting time. Indiana courts rely on the Indiana Parenting Time Guidelines to create fair, consistent schedules that support children’s well-being and maintain strong relationships with both parents. If you’re navigating a custody case, understanding how these Guidelines work can help you make…

Military Divorce in Indiana: What Service Members Should Know

On Behalf of Dixon & Moseley, P.C. | Feb 17, 2026 | Uncategorized

Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana) 1. Filing…

Stepparent Adoption in Indiana: Legal Steps for Blended Families

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

Blended families are increasingly common, and for many stepparents in Indiana, adoption is a meaningful way to solidify an already strong parent-child bond. Stepparent adoption provides legal security, emotional stability, and clarity for the entire family—but it also comes with specific legal requirements that must be handled carefully. Below is a clear, practical overview of how stepparent adoption works in…

How Long Does a Father Have to File for Paternity in Indiana?

On Behalf of Dixon & Moseley, P.C. | Feb 5, 2026 | Uncategorized

If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information. A common question we hear is how long do I have to file for…

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