The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
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 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,…
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…
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…
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…
“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…
A common question we hear from our clients, especially the clients with a high net-worth, is “how do I protect my assets in divorce?” The short answer is, it depends. Indiana follows an equitable distribution of property theory upon divorce, which means that property is divided in a “just and equal” manner, not necessarily a 50/50 division. However, there is…
We receive questions all the time from clients and prospective clients regarding whether they may be entitled to their spouse’s pension or retirement account if they get divorced. 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. However, there are some uniform…
As we all know, life happens, and circumstances change. That custody order you once had may seem to become impractical as time goes on. Fortunately, Indiana has established a specific statutory code to deal with the modification of custody. But, what happens if an emergency arises and you need to file for emergency custody of your child? Is this possible?…
With most legal matters, the decision of the court (normally made by the elected judge) is final, and unless reversed on appeal, the parties will never be heard or dispute matters related to that lawsuit again. However, not in divorce (and paternity) cases.1 The divorce court maintains jurisdiction over the children of the divorce until they turn eighteen (18) years…