The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
With a divorce, the trial court loses jurisdiction over property issues thirty (30) days after the final order is entered.1 It is a whole different story with children. The trial court has continuing jurisdiction over the children of the marriage until each child turns nineteen (19) years of age or is emancipated, whichever comes first.2 This jurisdiction covers child support,…
In Indiana, all property brought into a marriage or acquired during a marriage up to the date of filing for divorce is marital property subject to a presumptive equal division. This includes vacation homes and timeshares. A timeshare, by definition, is a property with a divided form of ownership or use rights. In many cases, one spouse may have a…
Property division during divorce can be complex and spousal pension plan rights in a divorce proceeding are often misunderstood. While rules may vary from state to state, Indiana is an “equitable distribution” law state, meaning that trial court judges have some latitude in how to fairly divide marital assets in a divorce settlement – including retirement and pension assets. In…
How does a judge determine the best child custody arrangement when each party in the divorce might have different views of what that means? Simply put, there are child custody guidelines judges work from when setting custody and visitation arrangements. Let’s look at some of the crucial parameters and consider how a typical child custody schedule for Indiana families is…
In Indiana, individuals that share custody of a child(ren) are typically designated as “custodial” and “noncustodial” parents. In most cases, the custodial parent is the parent that provides the primary care for the child and the individual that the child(ren) spends the most time with. A common question we receive from clients that are designated as the “noncustodial parent” is…
The Indiana Civil Protective Order Act (“Act”) provides powerful relief to help ensure the safety of certain covered Hoosiers who find themselves in dangerous situations, such as a victim of domestic violence or repeated harassment. However, there are times in which protective orders can also, by design, be used to wrongfully harm an individual who is not a threat to anyone. Unfortunately,…
Child custody proceedings tend to be confusing and emotional times. Whether it be an initial custody proceeding or a modification of a pre-existing custody order, the process always seems to be draining on all involved parties. A lot of this can be attributed to the confusion surrounding initial custody determinations. However, you can relieve some of the emotional burdens by…
We receive questions all the time from clients and prospective clients regarding the division of property in Indiana. Unfortunately, there are no quick and straightforward answers to that question. The reasoning is that the division of property in Indiana depends greatly on the facts and circumstances of each case. However, there are some uniform concepts and rules that will help…
A court is a court is a court, right? No. While appellate courts are rarely featured in movies (except for a few cases on the United States Supreme Court), and there are numerous movies and shows on trial court proceedings, there is a vast difference in state and federal courts between trial courts and appellate courts. It is key to…
Indiana follows a “one-pot” theory when determining what property is to be considered part of the marital estate. This “one-pot” theory makes it so that all property, whether acquired before or during the marriage, is part of the marital estate.1 If you are a business owner, you may be wondering “will my business be considered marital property?” or “how does…