The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In a divorce, an attorney by his or her client is supposed to present the value of all household items and other personal property items for the court to divide. The practical question this raises for the parties is how to do this. This blog provides three practice ways to value and put evidence on about the value of such…
With divorce statistics indicating one in two marriages ends in divorce, many people—from those who have heard divorce horror stories to those who have had their own divorces—sometimes contract for terms to divide their estate (assets – liabilities = net marital estate) in the event of a divorce. There are three ways to do so, all with risks and specific…
Historically, parents continued to be parents long after their children become adults, marry, and sometimes have their own families. Many of the parents loan their children money from time-to-time or to purchase their first home. When the marriage turns bad and a divorce is filed, the parents often want their loan(s) repaid. Due to the inherent trust between parents and…
Most divorces, even highly contentious ones settle outside the court. Today’s trial court judges do a great deal of case management, such as guiding the parties to mediation, appointment of GAL, and custody evaluations. These steps result in most cases settling on the parties terms. The trial court judge must of course approve any agreement, and will not approve one…
Indiana follows the “marital pot” theory to determine what property is “marital property.” The “marital pot” theory means that ALL assets and liabilities, owned byeither Husband or Wife BEFORE and DURING the marriage, no matter how the property is titled, is jointly owned by the husband and wife equally and collectively. Indiana is unique in that there is no “separate”…
If you are unhappy with the property division as ordered by a court, you can and should seek an appeal. If the division does not follow the law, or the evidence before the court, you have only two options, with limited time, to correct the erroneous decision. Unlike child support and child custody issues, a property division order by a…
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,…
When a divorce is filed, the parties can either litigate the matters before the Court or can agree to terms and have the agreement Ordered by the Court. There are many issues that divorce addresses, including child custody, child support, parenting time, and property issues. When dividing property, often, retirement benefits of the parties are reviewed and possibly divided. For…
Often, divorce cases are emotional, and the main goal is to determine child custody and support and divide the assets and debts of the parties as quickly and efficiently as possible. However, there is information to be gathered, and the timing of dissolution cases can be extended as the case progresses. During the dissolution process, there are several “torpedoes” that…
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…