The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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,…
Failing to Include Assets and Value Them and Informal Loans from Parents and Third Parties While emotion often overrides divorce proceedings, particularly where child custody is in dispute, it is key to identify if sufficient evidence of all assets of the marital estate are present. Marital assets also include debts. The Indiana Court of Appeals recent Barton v. Barton case…
Lawyers do a great job of presenting a client’s best position in court in obtaining their legal objective. Judges sort through it. Often sitting in the courtroom as a casual observer, it is difficult to tell which story is accurate and what evidence the court should rely on to decide the division of property (presumption being equal) and child custody…
Under Indiana law, Courts are required to consider all property brought into the marriage and acquired during the marriage as marital property, and then divide it in a fair and equitable way. This means if you obtain an inheritance, or have use of a car from a third party, it may be treated as marital property and divided. With an…
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…
Marriages, particularly those of a long duration, usually intermix marital property of all kinds in organic ways that can be hard for the divorce court to untangle in dividing the marital estate in a just and reasonable manner. There are many aspect of the evidence the trial court must consider. In this blog, we cover five key things that apply…
In a divorce, an attorney by his or her client is supposed to present the value of all household items and other personal property items for the court to divide. The practical question this raises for the parties is how to do this. This blog provides three practice ways to value and put evidence on about the value of such…
Historically, parents continued to be parents long after their children become adults, marry, and sometimes have their own families. Many of the parents loan their children money from time-to-time or to purchase their first home. When the marriage turns bad and a divorce is filed, the parents often want their loan(s) repaid. Due to the inherent trust between parents and…
Most divorces, even highly contentious ones settle outside the court. Today’s trial court judges do a great deal of case management, such as guiding the parties to mediation, appointment of GAL, and custody evaluations. These steps result in most cases settling on the parties terms. The trial court judge must of course approve any agreement, and will not approve one…
The first thought of a divorce is a hard one for most people. All thoughts rapidly turn to “what if” based on uncertainty. However, most everyone has a friend, associate or ex-spouse that provides some foundation for information getting the basic divorce “to do” list complete: who will get the kids and on what schedule, which car do I want,…