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Dixon & Moseley, P.C. Legal Blog

Can My Spouse Receive A Portion Of My Worker’s Comp Claim Or Personal Injury Settlement As A Part Of Our Divorce?

On Behalf of Dixon & Moseley, P.C. | Jun 24, 2020 | Division of Assets, Divorce, Family Law

In Indiana, assets acquired by either party before the marriage and brought into the marriage, acquired during the marriage and up to the date of filing, are considered marital property subject to the court’s division. Furthermore, the presumption for a just and equitable division is a 50/50 division, although the trial court has vast discretion to deviate for any fair…

What Is The Process For Appealing My Custody Order In Indiana?

On Behalf of Dixon & Moseley, P.C. | Jun 17, 2020 | Appellate Practice, Child Custody, Indiana Court of Appeals

Like everyone and everything in life, the judicial system isn’t perfect. As such, sometimes trial courts get it wrong. If you or someone you know just received a child custody determination that you believe was wrongly decided, you have the ability to seek relief via an appeal. How is this done? How long does it take? In this blog, we…

Four Common Objections Made During Testimony In A Divorce Matter

On Behalf of Dixon & Moseley, P.C. | Jun 16, 2020 | Divorce, Family Law

Anyone who has watched a courtroom drama or live court TV has probably seen an attorney shout “objection!” while an individual is testifying. However, what is it that is being objected to? Why is this important? At , we believe understanding objections made during trial will make you a more informed legal consumer and maximize the quality of your trial…

Can The Police Take My Guns Claiming I Am A “Dangerous Person”? And Can I Get Them Back?

On Behalf of Dixon & Moseley, P.C. | Jun 12, 2020 | Dangerous Persons Seizure

In mid-2004, Indianapolis resident Kenneth Anderson had his guns taken by the police because of his behavior. He was committing no criminal act at the time, but the police thought he was a risk to himself and others. However, the firearms were later ordered to be returned to him. On August 18, 2004, Anderson went on a massive shooting spree…

What Do I Do, I Lost My Job And Cannot Pay Child Support?

On Behalf of Dixon & Moseley, P.C. | Jun 11, 2020 | Child Support, Family Law

Clearly, with COVID-19 and significant changes in the global supply chain currently impacting most businesses, everyone has had their job put at risk to some degree. This is the case even in great economic times. A simple restructuring of a company may cause a job loss. In this case, many parents paying child support simply do not know what to…

Can I File A Petition To Modify Child Custody Where Custody Is On Appeal?

On Behalf of Dixon & Moseley, P.C. | Jun 5, 2020 | Appellate Practice, Child Custody, Family Law

Yes. No. Maybe. In Indiana, child custody is always modifiable, if modification is in the child’s best interests and there is a substantial change in one (1) or more factors1 the court can consider under the initial custody determination statute, namely (1) the age and sex of the child; (2) the wishes of the child’s parent or parents; (3) the…

What The Stay-At-Home Parents Needs To Know About Divorce

On Behalf of Dixon & Moseley, P.C. | Jun 4, 2020 | Divorce, Family Law

The prospect of a divorce for a stay-at-home parent can be overwhelming, raising questions like, “How do I get a job because I have lost my skills being out of the workforce for so long?” to “If I obtain physical custody of the children, can I remain in the marital home?” Clearly, divorce will be life-changing for these parents. This…

What Do I Do After My Divorce If I Find Out My Spouse Did Not Disclose Assets?

On Behalf of Dixon & Moseley, P.C. | Jun 4, 2020 | Division of Assets, Divorce, Family Law

Most seasoned family law attorneys have consulted with divorced parties who learn after the divorce, that a spouse did not disclose assets. These potential clients want to know what, if any remedy, they have in pursuing their share of that asset. The threshold issue is to determine from a cost-benefit analysis if the fight is worth your percentage of the…

How Many Issues Can I Raise On Appeal?

On Behalf of Dixon & Moseley, P.C. | May 29, 2020 | Appellate Practice, Indiana Court of Appeals

In a civil trial with many issues, such as divorce which may have child support, custody, and property issues decided, a losing party may want to challenge every issue, such as a minimal difference or error in weekly child support to be paid. While there is no express appellate rule prohibiting or limiting the number of issues a party may…

What To Expect In A Preliminary Hearing In A Divorce Case And Why Are They So Important?

On Behalf of Dixon & Moseley, P.C. | May 28, 2020 | Divorce, Family Law

When most couples marry, they slowly and unwittingly merge their financial, business, and personal lives together. They may have a car loan on a car purchased for the husband, but as time goes on, it makes sense for the wife to drive it, such as if one car dies and the husband gets a company car. A joint account may…

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