The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Any Order that a court issues during the pendency of a Divorce or Paternity case, that is not a final Order of all issues, is a provisional Order. These can also be called “interlocutory”, “preliminary”, or “temporary” Orders. A Provisional Order is meant to maintain the status quo as close to possible. Any time a divorce action begins, there are…
The current state of marriage in the United States continues to shift and morph, adapting to the current climate of marriage and divorce in the country. The trends away from the traditional notion of “family” has caused a shift in trends from the traditional custody determinations. In previous decades, mothers were often granted custody over fathers. This was claimed to…
There are two (2) types of custody placements-initial and modification. Initial custody is determined at an early hearing-for example, a hearing to establish paternity or a final dissolution hearing in a divorce. Any change or amendment to custody after that initial custody determination is known as a custody modification. Initial custody and custody modification are based on several factors, and…
The decision to get divorced can often be a difficult one, with underlying issues and bad feelings all around. Once the decision to get divorced has been made, there are still several matters to determine when moving forward with divorce and what can be accomplished with a divorce. 1) Jurisdiction. Generally, one of the first issues to determine before filing divorce…
In any divorce proceeding the assets and debts must be divided between the respective spouses. Thus, there are three (3) questions to consider: 1) What is the marital estate made of? 2) What does the law say about dividing it? And 3) How do I get my fair share? 1) What is the marital estate made of? In Indiana, the…
What about if I am already married? Divorce rates in America might be on the decline, but the statistics are still staggering. For example, 41 % of 1st marriages end in divorce; 60 % of 2nd marriages end in divorce; and 73 % of 3rd marriages end in divorce! Another interesting trend is that people tend to be getting married…
The Indiana Legislature has recently voted to amend the state Constitution to prohibit same-sex marriage in Indiana. This matter will not be voted on by the public for some time, but in the interim, there are lawsuits moving forward regarding the same-sex marriage ban Indiana already has in place (by statute and caselaw). Recently, four (4) lawsuits have been filed…
Getting divorced can be a long and arduous process for both parties. The decree of dissolution divorces the parties, but still leaves many things left to do. The dissolution is a shift in the relationship between the parties, but not the end of the relationship all together. There is still communication that needs to happen. Sometimes important matters are forgotten…
Society, and what comprises a family, has changed since the Leave it to Beaver days. Many more families are comprised by any mixture of parents, step parents, same sex couples, extended family members (aunts/uncles/grandparents), and even non married opposite sex couples cohabitating. The change in societal norms, and the construction of a family unit, has inherently caused the legislature and…
With respect to divorce actions and paternity actions, a court must determine which parent or both should have both legal and physical custody of a child, or children. Physical custody involves where the child sleeps the majority of the time (which parent the child is living with primarily and physically with). Legal custody is generally defined as decision-making regarding the…