The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In Indiana, the term custody includes two distinct concepts, namely physical and legal custody. Physical custody generally refers to the parent with whom the child will spend the majority of overnights with during a year. Legal custody focuses on which parent (or both) make major decisions for the children, focusing on health, education and religion. This blog post explores these…
Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them. First, in original divorce cases, it is easy to make…
In Indiana, there is a 60 day cooling off period for divorce. This sometimes creates the assumption of litigants who want a divorce that it will be completed in that time frame. In almost all cases, that will not occur. This blog explores the four major components that have to occur before obtaining a divorce so you better understand the…
The Doctrine of Unintended or Unknown Consequences Throughout the United States, including Indiana, there is a relatively uniform system in place to allow certain parties in domestic relationships to obtain an ex parte (without notice to the other party) protective order. There is a specific, short time to challenge this order if granted or may stand for up to two…
There is an old adage that the line between “love” and “hate” is narrow. This line sometimes shifts during divorce proceedings. This blog explores some of the domestic issues this “line” highlights, requiring disclosure to your divorce attorney for him or her to do the best possible job of navigating your divorce. Frankly, we all have life moments we are…
Carrying firearms, particularly a handgun, is an ordinary part of life for most members of the law enforcement community as well as a growing number of ordinary citizens from all walks of life. In fact, it becomes so common place and natural—like wearing shoes–that a number of people “forget” and carry these through airport security screening every day. When this…
In Indiana, all marital assets, except as otherwise excluded by law, are part of the marital estate a trial court can divide upon divorce. There is a presumption of an equal division (assets – liabilities). However, with certain professionals, this division is complex because of the complexity of what they do. This blog explores these concerns and some resolutions. Perhaps,…
The mediation process is confidential, and a mediator can only report to the court whether the parties settle, providing the agreement or did not settle. The parties and litigants also cannot relay anything they learn in mediation during the litigation process. However, even with these limitations, a failed mediation is usually very helpful to the parties in moving forward in…
The “old” and “traditional” ways of communicating between attorneys and clients had changed, although they still exist: meetings, telephone calls, and mailing letters. The new technology, emails and texts have changed that. Attorneys and clients have a variety of ways to interact and communicate. This varies from practice to practice. However, this blog focuses on more fundamental issues, which is…
Just a few short years ago, civil litigants had two basic choices to resolve their disputes. The first was to find a way to settle the matter between counsels and themselves or go to trial. Then mediation started to “catch on.” This is where a neutral party but not a judge, who is usually experienced in the issue at hand,…