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  5. Four Tips For Indiana Divorce Litigants In 2021

Four Tips For Indiana Divorce Litigants In 2021

On Behalf of Dixon & Moseley, P.C. | Jan 15, 2021 | Divorce, Family Law

Anyone who has ever been through a divorce will tell you it 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 four tips for divorce litigants in 2021.

Set Realistic Expectations. 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 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.

As such, 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. Rarely does either spouse get everything they want. Thus, setting realistic expectations can help prevent some of the court battles that many go through fighting for everything they want. Most importantly, setting realistic expectations will help you start moving on with your life instead of holding on to the past.

Practice Civility. The next tip to keep in mind is to try to practice civility towards the other person. This may seem cheesy to say, but at times it can be extremely hard in practice. Time and time again individuals let emotions take control in these types of situations. And time and again, those individuals who let emotions take control end up regretting it, and sometimes results in negative consequences (whether that be less parenting time, or a bigger share of the marital pot). Lastly, acting civil towards the other person will help you move on and let go of those ill feelings, creating a healthier situation for you in the long run.

Refrain from Posting on Social Media. As technology has become more important in our day to day, the rise of social media has skyrocketed. While there is a lot of good that comes from social media, there is also a lot of bad. As it relates to divorce litigants in pending divorce cases, oversharing details of their case is becoming a more and more common. This, however, is a mistake. Keep any details of your divorce case off of social media because there is a good chance the other party is watching what you post. If you post something bad, there is a very good likelihood it will be used against you in court. Just remember, it is best practice to keep any details of your case of social media.

Light at the End of the Tunnel. Finally, while divorces often time carry a feeling of “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 began 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 often time 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.

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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