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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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    • Family Law
      • Adoption
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  5. Three Divorce Myths You Must Know!

Three Divorce Myths You Must Know!

On Behalf of Dixon & Moseley, P.C. | Aug 23, 2019 | Divorce, Family Law

Everyone who begins a divorce watches television or has a friend who has certain beliefs in the divorce system that often shape how they talk about the process, view it and sometimes advise their friends. In this blog, we address three myths that are commonplace in Indiana. Avoid these and make the most of your divorce and expectations.

Sixty-day divorce. Under the Divorce Act, the court can divorce parties in 60 days. However, divorce is a complex financial transaction and where there are children involved, one that their best interests must be addressed. Where there is a marriage of any duration, it is normally impossible for a divorce to “untangle” marital assets, such as sell or refinance the marital residence and complete these tasks within thirty days. Where children are involved and a parent is moving, there may be a custody evaluation by a forensic custody evaluator to make recommendations to the court in the children’s best interests. These often take several months. Thus, despite the law allowing for parties to be divorced in 60 days, it is rare that this occurs, except in a marriage without a significant amount of assets or children. You want your divorce done correctly so when it is finished, there are no dangling ends, such as who pays for what joint credit card. So set your expectations this way from the beginning. This is not a process your attorney or the court can ordinarily complete in 60 days, nor should you want it to be.

Mother’s always get custody. The tender year’s presumption, which was a law that decided ordinarily tender of a young age should be with their mother’s no longer exists in Indiana. The law is gender-neutral in the first assessment does not favor any parent. This is not to say that a mother will not obtain primary custody if she has been the primary caregiver. Instead, it means the court or parties (if they can reach an agreement) must make a custody determination in the children’s best interests. If you are a father, you need to take the time to develop the evidence with your counsel of why physical custody should be with you. If you can establish this in court—and virtually everything connected with and surrounding the children—relates to their best interests. Maybe you cannot make a compelling argument for physical custody, but the parties and courts are gradually shifting to joint custody. The take away is there is no maternal presumption and either parent may obtain physical custody, noting the trend is joint physical custody.

I want my day in court. Indiana judges are ready, willing and able to hear your divorce case. However, of the attorneys, therapists, and those familiar with your case, such as lay witnesses, they know the lest about it. It is what you present in evidence. They are there as a last line resort and encourage parties to reach agreements. Any agreement reached and approved by the court is far better because the party’s who have to live with it have worked it out, not had it imposed upon them by the court. Thus, most courts require parties to go to mediation to try to resolve cases before trial. The notion of a divorce ending by trial is outdated and one that you should avoid or think of as how the case ends and try for agreement.

This blog post is written by attorneys at Dixon & Moseley, P.C. who handle divorce cases of all types throughout Indiana. We hope it dispels some common myths for you. This blog is written as general for general educational purposes only and is not intended as legal advice or a solicitation for services. It is an advertisement.

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…

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…

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Recent Posts

  • 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)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
  • Failure to Object: When Is an Issue Waived?

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