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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.

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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