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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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The Attorneys at Dixon & Moseley, P.C.

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  5. Avoid the Three Ways to “Harm” Your Divorce or Post-Divorce Custody Trial

Avoid the Three Ways to “Harm” Your Divorce or Post-Divorce Custody Trial

On Behalf of Dixon & Moseley, P.C. | Mar 10, 2016 | Child Custody, Custody Modification, Divorce, Paternity

Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them.

First, in original divorce cases, it is easy to make off handed comments or otherwise inappropriate testimony in how to divide assets. Indiana, along with other states, is not based on fault. Disparaging (or trying with objection) the other parent for having an affair, becoming disconnected, or not working to full financial potential to maintain or enhance the marital estate is an example.

Generally, this is only relevant if the other party “wasted” the marital estate by gambling it away or spending the money on illicit drug use, which may be a basis for deviation. In these cases, such testimony is helpful to a court. Judges simply do not want parties fighting their emotional battles in court, but want to hear the case to decide it under the law. They like everyone else have limited time to do their duty to Indiana’s citizens and businesses who bring cases before the court.

Second, in an original custody case (on divorce or paternity), a dispute about custody has to focus on the children’s best interests. The fact that some parent has some behavior, activity, or other issue that is not agreeable and may have even caused the divorce (such as being a disconnected spouse) is not relevant unless it impacts the parent’s relationship with the children. This is very hard to separate for courts, but judges need to understand how acts and omissions impact the children, not just the other spouse.

Third, and very familiar to attorneys handling post-divorce custody modification cases (child-issues can be litigated if there has been a substantial change for the child’s minority) is bringing up issues that occurred in the past before the last custody order of the court. Sometimes a party tries to bring up an issue that is still an open “wound” but has been decided by the court, such as the original reason the marriage dissolved.

Judges must hear custody modifications and decide the issues on issues that have arisen since the last custody order, not before. And these new issues must demonstrate a substantial change not necessarily be a onetime problem.

We hope you find this blog post helpful in being a more educated legal consumer as it relates to common divorce and child custody issues that arise in litigation. Avoiding these, unless otherwise directed by counsel, will help you provide the judge with the information he or she needs to decide the case under the law. This is what is guaranteed to citizens by the United States and Indiana Constitutions and other laws. Ultimately, this will help you achieve closure and assist with the children’s best interests.

This blog post was written by attorneys at Dixon & Moseley, P.C. We hope you find it helpful in assisting you with understanding Indiana’s legal system, child custody and divorce in general. This is neither a solicitation nor legal advice. It is generally an advertisement. Dixon & Moseley, P.C. advocates practice domestic and paternity throughout the State of Indiana.

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

How Indiana Courts Divide Retirement Accounts in Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

What Counts as Marital Property in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

Parenting Time vs. Custody in Indiana: What Parents Confuse Most

On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

Can Custody Be Modified in Indiana? What Must Change

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

Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

Is Indiana a 50/50 Divorce State? What the Law Really Says

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

Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

Step-Parent Adoption: How It Works in Indiana

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

Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

How Divorce Works in Indiana: Step by Step (2026 Guide)

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

Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

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