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  3. Category: "Divorce" (Page 13)

Divorce

What Is A Petition For Certiorari?

On Behalf of Dixon & Moseley, P.C. | Oct 28, 2021 | Appellate Practice

Pretty much everyone has heard the adage “I’ll take my case to the Supreme Court.” What does this mean? In Indiana, there is the Indiana Court of Appeals and the Indiana Supreme Court. The Indiana Court of Appeals is the intermediate appellate court.1 So, in Indiana, we have three levels of courts: trial courts, the Indiana Court of Appeals, and…

Can An Appellate Court’s Decision Be Appealed?

On Behalf of Dixon & Moseley, P.C. | Oct 27, 2021 | Appellate Practice, Indiana Court of Appeals, Supreme Court

When mistakes are made at the trial court level, sometimes this can lead to an improper verdict or decision. Fortunately, our judicial system provides individuals with the opportunity to appeal certain rulings or decisions believed to be wrongly decided. But what happens if the appeals court gets it wrong? Can an appellate court’s decision be appealed? In this blog, we…

Avoid These Mistakes When Splitting Assets In A Divorce

On Behalf of Dixon & Moseley, P.C. | Oct 21, 2021 | Division of Assets, Family Law

In many divorce cases, there are mistakes made as to the division of assets when the divorce is resolved. All divorces are resolved by an agreement1 that the court reviews, approves, and orders.2 If there is no agreed-to resolution, the case will be tried and the judge will decide all the pending issues in the case that are not resolved,…

If We Lose Our Divorce Or Paternity Case In The Lower Court, Can We Appeal?

On Behalf of Dixon & Moseley, P.C. | Oct 20, 2021 | Appellate Practice, Indiana Court of Appeals

Indiana trial court judges are generally well versed in domestic law and have a keen ability to judge witness credibility and assign weight to documentary evidence admitted at trial. However, no person, including any judge, is infallible. For that reason, every party to an original divorce or paternity case has the right to appeal their case. The same is true…

Can I Keep A Life Insurance Policy On My Ex?

On Behalf of Dixon & Moseley, P.C. | Oct 12, 2021 | Divorce, Family Law

In divorce cases, life insurance comes up as a legal issue in several ways. The most important issue to understand is there are two (2) types of life insurance. The first is “term” life insurance. With “term” life insurance, the “term” is a term of years. A “term” life insurance policy may range from 5 to 20 (or potentially a…

50/50 Custody And Visitation Schedules: Common Examples

On Behalf of Dixon & Moseley, P.C. | Oct 7, 2021 | Child Custody, Child Visitation, Family Law

For Hoosiers involved in paternity, divorce litigation, or who will be filing and litigating such a case, likely through counsel, it is important to understand Indiana’s custody and visitation laws. The place to start is understanding there at two (2) type of custody. The first is physical custody. This relates to where the child(ren) will sleep and night—which parent has…

Why Do I Need An Appeal Lawyer?

On Behalf of Dixon & Moseley, P.C. | Oct 1, 2021 | Appellate Practice, Indiana Court of Appeals

Indiana provides parties involved in legal disputes, whether it be criminal or civil in nature, with the opportunity to appeal the outcome of the case, albeit, with some exceptions. While the right to appeal is a cherished tradition, it can also cause headaches due to the extremely technical nature of the appellate process. This can leave many with a multitude…

Is A Divorced Wife Entitled To Her Husband’s Pension?

On Behalf of Dixon & Moseley, P.C. | Sep 27, 2021 | Division of Assets, Family Law

When contemplating divorce, it is mentally taxing and confusing because most litigants do not understand the basics of Indiana divorce law. For families where a mother has stayed at home and raised the children and husband has worked and become entitled to a large pension, the question is whether the pension is divided on divorce. Is a wife entitled to…

How To Appeal A Child Custody Ruling?

On Behalf of Dixon & Moseley, P.C. | Sep 15, 2021 | Appellate Practice, Child Custody, Family Law, Indiana Court of Appeals

“I want to appeal!” is a statement we hear often. However, many individual’s knowledge of appeals is very limited. This is understandable as the appeals process can be a long and confusing one, even for attorneys. When it comes to civil appeals, the Indiana Rules of Appellate Procedure provides a party with the right to appeal a final judgment.1 But…

What is a Motion to Stay Pending Appeal?

On Behalf of Dixon & Moseley, P.C. | Sep 2, 2021 | Appellate Practice, Civil Appeal, Criminal Appeals, Indiana Court of Appeals, Supreme Court

Like everyone and everything in life, the judicial system isn’t perfect. Mistakes are made. Sometimes, these mistakes can result in an improper verdict or decision. Fortunately, our system provides individuals with the opportunity to appeal certain rulings or decisions believed to be wrongly decided. Unfortunately, however, is that sometimes appeals can take a long time to decide. But what if…

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