The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
We receive questions all the time from clients and prospective clients regarding divorce settlements and what is considered “fair divorce settlement.” Unfortunately, there is no quick and straightforward answer to that question. The division of property in Indiana depends greatly on the facts and circumstances of each case. As such, determining what is a fair divorce settlement will ultimately turn…
Anyone who has ever been through a divorce will tell you it is hard. Not only is it an emotional time, but also extremely stressful due to the confusion and uncertainty many experience. One of the last things you want to think about upon getting divorced is revising your estate plan, and this is completely understandable. However, once your divorce…
The use of false allegations or statements made against individuals by ex-spouses has become more and more common in recent years. Unfortunately, this trend does not seem to be going away any time soon. This leaves many individuals feeling lost, wondering “how can I defend myself against all the false statements my ex has put in court filings?” In this…
When it comes to tax planning for divorce, the rules and ramifications for divorcing couples frequently change. Case in point: President Biden’s proposed new individual income tax plan which is included in the American Families Plan. The plan, if and when enacted, could significantly impact divorce and tax plan considerations, so it pays to be aware and be prepared. Here’s…
Estate planning during divorce might not be among your top concerns during all the stress, decision making, and adapting to a post-marriage “new normal.” Nonetheless, divorce and estate planning are inevitably linked and demand the due diligence of divorcing spouses to ensure key documents are updated. Those essential papers include wills and trusts, powers of attorney, and retirement account documents.…
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…
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…
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…
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…