The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Who is awarded child custody when parents live in different states? As child custody lawyers know, many factors can come into play. Even though courts act in the best interests of the child in custody matters, custody in different states is not always awarded by the same sets of court rules. Nonetheless, there are important common considerations to know upfront.…
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 As such, if you or your spouse are a business owner, the business will be considered a part of the…
Dissolving a marriage is seldom easy, but when the divorcing couple owns a business, divorce will impact the future of the business as well as their personal lives. Whether the business was brought into the marriage by one spouse or acquired during the marriage, up until the date of filing for divorce, it is considered a marital asset that is…
In Indiana, as most of the country, Courts have quite a lot of discretion when it comes to enforcing a child support obligation. For example, Courts can use their contempt power or issue an income withholding order as means to enforce a child support obligation. While the Court’s are granted a lot of discretion in determining how to enforce a…
In Indiana, there are several types of child custody, including legal and physical, joint, primary, and sole; of these, sole custody (also known as full custody) can be the most difficult to obtain. Because the court approaches child custody cases with a presumption that both parents have equal rights and responsibilities for raising the child, grounds for full custody must…
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.…