The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In most civil litigation, when you are sued, such as in a divorce, which is technically a complaint, you have to provide an answer to avoid a default judgment and losing.1 However, in divorce, there is no requirement to provide a cross-petition (or answer in a technical sense).2 Yet in a few instances, it may make sense to cross-petition. This…
In a divorce in Indiana, everything a party has coming into the marriage and acquired during the marriage until the date of filing is all part of the one-marital pot for the trial court to divide.1 There is a rebuttable presumption the trial court should divide the marital pot equally.2 Effectively, this is everything you both own, minus what you…
Most divorce cases, even those involving complex property issues and hotly contested custody matters resolve at mediation. Those that do not often wind up in final hearings that may go over several non-consecutive days over the expanse of weeks or months. After numerous witnesses, arguments over the admission of exhibits, and cross-examination, most litigants cannot wait to get their divorce…
In domestic cases, trial courts are given wide discretion to decide matters initially, such as when the parties divorce or later in child-support and/or physical and/or legal custody modification proceedings. Further, because so much time, emotion, and judicial resources go into domestic cases, Indiana’s appellate court gives trial courts vast leeway to judge the credibility of witnesses when deciding issues.2…
The special aspect of a trial is you are able to have a neutral judge (who is a lawyer) hear the unique facts of your case and receive evidence in the form of exhibits (documents) and live testimony from witnesses before applying the relevant law and deciding your case. This does not occur with appeals to a higher court. However,…
Maybe? In Indiana, almost all divorce laws are created by statutes, generally called the Divorce Act. The Legislature specifically created the right to divorce.1 As long as one party puts on evidence of a valid reason for divorce, the other party cannot refuse to divorce. The reasons are irretrievable breakdown of the marriage, conviction of either spouse subsequent to the…
Divorce is hard. Not only is it an emotional time, but also extremely stressful due to the confusion and uncertainty many experience. However, much of this stress can be relieved by being informed of the divorce process and preparing for what’s ahead. In this blog, we provide you with five things for you to consider when undergoing the divorce process…
As a general rule, a party can file for divorce at any time so long as the marriage is irretrievably broken.1 After a divorce is final, a party may move to modify custody at any time but has to show a substantial change in circumstance to prevail. Equally, a party may file a request to modify child support at any…
Divorce brings uncertainty for parents and children. Normally, at least one parent will be moving out of the marital house and/or it may be sold because without both parties’ incomes the mortgage may be unsustainable. That said, one of the most important factors in raising well-rounded children is having stability. Certainly, moving houses (and maybe schools or districts) seriously impacts…
Maybe. Most likely not. In many divorce cases, children have important information the court needs to determine what custody arrangement is the children’s best interests. However, many parents simply do not want to put their children in the situation of being called as a witness in open court against the other parent. Most Indiana trial court judges do not want…