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  5. Five Things To Know About Divorce

Five Things To Know About Divorce

On Behalf of Dixon & Moseley, P.C. | Apr 15, 2020 | Divorce, Family Law

Divorce is hard. Not only is it an emotional time, but also extremely stressful due to the confusion and uncertainty many experience. However, much of this stress can be relieved by being informed of the divorce process and preparing for what’s ahead. In this blog, we provide you with five things for you to consider when undergoing the divorce process in Indiana.

You Won’t “Win”. The first thing you must know is that you won’t “win” a divorce. No matter how favorable a divorce decree may be for an individual, no one ever walks away feeling they have really won anything. Many go into a divorce with the idea that they want to beat the other spouse. Rarely do divorces end with one spouse getting everything they asked for. Going into a divorce with the mindset of compromise will undoubtedly help relieve some future stress.

Equal Division of Property. In Indiana, marital property consists of all property owned by either spouse. Generally speaking, it does not matter if the property was acquired before or after the marriage, nor does it matter if it is in only in one of the spouse’s name, it is considered marital property. Furthermore, in Indiana, it is presumed that all marital property will be divided 50/50. If you are seeking more than 50 percent of the marital estate, you will be required to overcome this presumption.

Temper Your Expectations. Keeping in mind the two points above, it is important to remember to have reasonable expectations about the outcome of your case. Having a willingness to compromise will go a long way to relieve some of the stress. As mentioned above, rarely does either spouse get everything they want. Having reasonable expectations can help prevent some of the court battles that many go through fighting for everything they want. Most importantly, tempering your expectations will help you start moving on with your life as opposed to holding on to the past.

Your Divorce, Not Your Kids. If you have children, remember that your divorce is between you and your spouse. Your children will already experience their own stress, they don’t need to hear their parents talking about it in front of them. There are many out there who fail to consider the impact this has on their children. This is undoubtedly a hard time, but try not to make it harder for your children and keep it between you and your soon to be ex-spouse.

Light at the End of the Tunnel. While many of the points seem a bit “doom and gloom,” it is important to know that there is light at the end of the tunnel! It is very normal to experience sadness, or be fearful of the unknown, but sometimes the best way to live your best life is to cut ties with part of your past. If you are seriously considering divorce, are separated, or have even begun to undergo the divorce process, there is a reason why. That reason being that it is probably best for you. So while it may be hard in the beginning, know there is light at the end of the tunnel.

Divorces are emotional times for all involved. Not only are they emotional, but oftentimes complex. Obtaining skilled counsel is key to relieving some of the burden that comes with divorce. This blog was written by attorneys at Dixon & Moseley, P.C. who handle divorces of all types throughout the state. It is written and posted for general educational purposes and is not to be construed as legal advice or solicitation for services. It is an advertisement.

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…

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,…

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