The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Probably. Divorce is unique in civil suits because the parties likely will continue to know each other (particularly) if they have children and interact into the future. With a divorce if you lose custody, child support is wrong, or the property is not properly divided or completely divided, you need to appeal to protect your future rights. This blog explores…
Sometimes a marriage may last many years, and sometimes divorces do too. Normally, if there is a mistake in the final decree, such as failure to decide an issue or misapplication of the law, the preferred remedy is filing a Motion to Correct Errors or taking an appeal to the Indiana Court of Appeals within thirty days. If you do…
Marriages fail for many reasons. There are no longer fault-based divorces in America. This means that a spouse no longer has to prove “fault” such as adultery—an affair–to obtain a divorce. This is a different legal concept than “waste”—when a spouse uses assets and monies to support illicit or illegal acts that reduce the amount the trial court has to…
In today’s digital world, complex financial transactions and the ability to sort out fact from fiction is difficult in all arenas. This is especially true in the context of divorce. A neutral investigator may assist the attorney and client in these tasks to ultimately help move the divorce along consistently with the trial objectives and presumptions in property and custody…
Many divorce actions are highly contentions because emotions are high and feelings are hurt. When a relationship ends, there are often feelings of abandonment, anger, mistrust, and sadness. Divorce is not only a business / legal proceeding to divide the assets and debts and determine custody of the children; it is a grieving and healing process as well. Often litigants,…
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…
A recent USA Today article focused on the resurgence in marriage after its decline during the economic recession.1 The article reported that there was a 5% decline in marriage rates during the recent recession, coupled with cultural changes about whether and when to marry, with two-thirds (2/3) of first marriages are being proceeded with cohabitation (living together), the projections in…
One crucial task during a dissolution proceeding is to determine the assets and liabilities for the parties to divide and to determine how same will be divided. The general statutory rule is that the Court will presume the parties shall divide all assets and liabilities equally (50/50)1. The other companion general rule is that a party may not dissipate (hide…