The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In domestic cases, there may be a number of experts that are called upon to testify during a hearing. For example, a doctor may testify about a child’s medical condition, a CPA may testify about the value of a business, or a clinical psychologist may testify about a custody evaluation performed. However, there are limitations to who is an expert…
Many previous blogs have examined the child custody and support aspects of family law and divorce, as these issues are often paramount in domestic proceedings. However, property division and valuing property for division are also contentious and important issues in most divorce proceedings. Indiana statutes provide for equal division of assets and liabilities in a divorce.1 This presumption of equal…
In domestic law and litigation, the majority of decisions and findings are based on what is in the best interests of the child(ren)1. For example, in determining initial custody or whether to modify custody, the best interests of the child are paramount and the state statutes defining the elements/information to be reviewed use the language of “best interests”2. But what…
When custody and parenting time have been determined in a divorce or paternity action, a parenting time schedule is often put into place. Generally, a standard parenting time schedule when one parent has been granted primary or sole physical custody of a child over the age of three (3) is that the non-custodial parent will receive a midweek visitation (this…
In Indiana, trial courts follow the “one marital pot” theory to determine what is marital property and how to divide that property upon divorce. The “marital pot” theory means that all assets and liabilities, owned by either Husband or Wife BEFORE and during the marriage, no matter how the property is titled, is jointly owned by the husband and wife…
Divorce can be a complicated and stressful process for the parties involved, and it can be even more stressful when there are children of the marriage. Children sense the stress at any age no matter how civil and committed the parents are about keeping the kids out of it. Unfortunately, many divorces involving children become high conflict as the parties…
Divorce proceedings, post decree custody battles, paternity cases, etc., can be both legally and emotionally driven. Many people can become frustrated and angry with the opposing side. But what happens when the other side starts making false statements about you, or even goes so far as to obtain a protective order against you based on false or exaggerated circumstances or…
Domestic Violence is a real and prevalent issue in today’s society. Husbands, wives, children, girlfriends, boyfriends, and even extended family members can be a victim of domestic violence or perpetuate violence. Oftentimes, domestic violence can lead to divorce. When one partner is in imminent fear of harm by the other, despite getting a divorce, sometimes the victim needs the added…
Often, parties may be experiencing marital discord, but are not ready to file for divorce. For these parties, there is another option; namely, legal separation. A legal separation is filed through the Court system, but does not divorce the parties; rather, it provides a separation period and any incidentals that accompany that separation. In order to begin the process/proceedings for…
Divorce and paternity actions are often complex when the parties involved are the predictable ones – mother, father, and child. However, not all divorce and paternity actions are so clean-cut. In many instances, because the concept of “family” is expanding and evolving significantly in this century, there are others involved. Maybe there are stepchildren or half siblings involved as families…