The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Under Indiana law, a trial court starts dividing the marital estate with the presumption of an equal division. There are numerous reasons for the court to deviate and award the other spouse more if it is fair (equitable in legal parlance). A category that is often overlooked is “dissipation” of marital assets, which means the illicit or illegal acts of…
Divorce and child custody cases present common issues and unique ones to every family that comes to Court. To assist attorneys in making their client’s best case, Indiana judges sometimes gather and present seminars for practitioners to give them guidance in what helps best present every case. The Indianapolis Bar Association presented a seminar with Marion County and surrounding counties’…
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…
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…
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,…
Many divorce lawyers receive requests for guidance from their clients on “changing venue.” In Indiana, this is not common and is generally associated with moving the case from one county to another. This occurs in rare occasions in criminal cases in order to ensure an impartial jury. In a limited number of cases, first, the case may be filed in…
Divorce is the best of times and the worst of times for most people (parties, friends, and family) all at the same time. It is difficult to manage the day-to-day events and divorce process itself and work or do the events of daily life with the future unknown. In some respects, it is also positive for many people because it…
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…
Every judge is skilled, but every trial is dynamic and unique. To ensure a fair process and ruling, the Indiana Supreme Court has adopted Rules of Evidence1 to supplement all of the other bodies of law that apply to a given case. In civil litigation ranging from personal injury to divorce cases, an attorney may make objections to testimony (i.e.,…
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…