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  5. 4 Real-life Situations When A Family Law Attorney Can Help

4 Real-life Situations When A Family Law Attorney Can Help

On Behalf of Dixon & Moseley, P.C. | Apr 17, 2023 | Child Support, Divorce, Family Business, Family Law

Life is full of milestones. Some are joyful and anticipated, like births, adoptions and marriages. But others can catch us by surprise or stir up complicated feelings, like losing a loved one or ending a marriage.

A family law attorney, like the team at Dixon & Moseley, P.C., can help protect your assets and offer you and your family peace of mind. Read on to learn about four common, real-life situations when an individual or family should seek out a family law attorney.

1. Dividing assets in a divorce.

When a couple dissolves a marriage in Indiana, their “marital property” gets divided between the two parties. That property includes everything that each spouse owns, regardless of when it was acquired or whose name is attached to it legally. (Yes, it includes what each person had before getting married.)

For example, if you inherited assets, land, or accounts from a grandparent or started a successful business, that’s part of your marital property. If you haven’t taken steps to protect those assets, they will likely be divided equally between you and your soon-to-be ex.

Some ways to protect your assets include a prenuptial before your marriage, a post-nuptial during the marriage, and overcoming the assumption of a 50/50 split.

A premarital agreement (sometimes called prenuptial or antenuptial agreement) is beneficial for many reasons, primarily for asset protection. This contract lets you and your fiancé(e) legally declare whose “stuff” is whose – from retirement funds and real estate to businesses and future inheritances. If your marriage ends later, the premarital agreement has your back without needing the court to interfere.

A postnuptial agreement is similar to a premarital one but happens after marriage. The courts take a closer look at these agreements, and they are overturned more often than their prenuptial counterparts, but they are still a good option.

The last option is overcoming the presumption that a 50/50 division of property would be just and reasonable. Indiana state law lists several factors that help determine when an unequal division is actually the right choice, such as when you own a business and want to retain full ownership.

 

2. Dealing with child custody issues.

Family law attorneys can also help with custody cases. In Indiana, a trial court is obligated to make a custody determination in accordance with the best interests of the child(ren). They consider factors like age and gender, the parents’ and child’s wishes, family dynamics and relationships, and how they would adjust to changes in their home, school, and community.

In Indiana and most of the US, the courts don’t side with one parent over another at the beginning of a custody case, so both sides get a fair shot at sharing their story. (This hasn’t always been the case.) Changes in custody agreements are different, however. The parent who wants to modify the custody agreement needs to prove that substantial changes have happened – and that a change in custody is in the child’s best interest.

 

3. Appealing a child custody decision.

Families and individuals have the right to appeal a final judgment (one that’s dealt with all claims). Both initial custody cases and modifications are resolved with “final judgments,” though exceptions exist.

However, those decisions can be appealed with the help of a family law attorney. Time is of the essence here, as there’s usually a 30-day limit on filing a notice of appeal with the Court of Appeals.   This is crucial, as waiting too long can result in you waiving your right to appeal.

 

4. Estate planning.

Many couples do their estate planning when they are married but forget to update those plans when the marriage ends. This can mean that an ex-spouse is still listed as a beneficiary or that they control your living will or have power of attorney.  Best practice is to change paperwork and update these documents upon divorce.

Whether you have an existing estate that needs to be updated or you don’t have one yet, talk to a family law attorney. They can ensure that your end-of-life wishes are honored, that your assets go to the people you want to receive them and that you maintain freedom of choice over your finances and well-being.

 

Dixon & Moseley, P.C.,is a law firm focused on the needs of families. With 24 years of experience, the Indianapolis-based firm serves clients in six core practice areas: family law, appellate practice, probate, estate planning and trusts, criminal and firearms law, general practice, and personal injury. This blog was written by attorneys at Dixon & Moseley, P.C., who handle all aspects of family law and other legal matters 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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