The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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 As such, if you or your spouse are a business owner, the business will be considered a part of the…
In Indiana, as most of the country, Courts have quite a lot of discretion when it comes to enforcing a child support obligation. For example, Courts can use their contempt power or issue an income withholding order as means to enforce a child support obligation. While the Court’s are granted a lot of discretion in determining how to enforce a…
Small business fuels more employment in the United States than larger corporations and businesses. It is often the case one spouse works for a company to obtain benefits like health insurance, allowing the other spouse to start and run a small business—a part of the American dream. When a divorce is filed, the parties are often left with determining what…
In order to assess the value of a marital business or professional practice for proper consideration by a trial court in a trial, a business valuation is almost always called necessary; there are very advanced tools to assist in determining the value of a business that is utilized by business valuators. Knowing the best litigant is one who is informed,…
In many cases, a martial business ranging from a minority stock ownership in a business, such as a car dealership, to a physician practice, may be a large source of marital income. However, when a divorce is filed, there are three major problems a spouse may face with such in maintaining what he or she believes is a just and…
In Indiana, all marital assets, except as otherwise excluded by law, are part of the marital estate a trial court can divide upon divorce. There is a presumption of an equal division (assets – liabilities). However, with certain professionals, this division is complex because of the complexity of what they do. This blog explores these concerns and some resolutions. Perhaps,…
Small business is the engine that drives America. Often times divorce attorneys face a scenario where parties are divorcing and the means of income that has provided for the family is the small business. An example would be a doctor, lawyer, or landscaper. The obvious assumption most of us would make is that this would continue to be the source…
Many previous blogs have examined the child custody and support aspects of family law and divorce, as these issues are often paramount in domestic proceedings. However, property division and valuing property for division are also contentious and important issues in most divorce proceedings. Indiana statutes provide for equal division of assets and liabilities in a divorce.1 This presumption of equal…