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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.

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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