The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
As with many aspects of the law, it depends. Under what is known as the American Rule, which is commonplace in the United States, each side pays his or her own attorney’s fees in civil litigation unless there is a statute that allows for recovery of attorney’s fees. Fortunately, under the divorce1 and paternity statutes, there are several statutes that…
There have been certain professional jobs lost during the COVID-19 epidemic that may take years to refill because of systematic, lasting changes in our society. One such area is retail and commercial real estate sale, purchase, and leasing. For professionals in these fields, they may be at a loss to obtain similar employment and may be going through a divorce…
Divorces can be complex matters, often times involving extensive discovery.1 One key to obtain information in divorces is by depositions. Depositions are unique in that they require you to actively participate with the attorneys. Depositions require a large amount of involvement on the part of the client, it is important to have a basic understanding of depositions and what to expect.…
In many instances, individuals getting divorced will enter into settlement agreements to divide what is deemed “marital property.” Settlement agreements are contractual in nature. Therefore, when individuals enter into settlement agreements dividing marital property, the settlement agreements become binding on the parties. The trial court only retains jurisdiction to interpret the terms of the property settlement agreement and to enforce…
Child custody litigation is a gut-wrenching experience for all parents. Both want the same amount of time they had before the divorce or post-divorce they may be seeking a modification to gain additional time, but there is only a finite amount of time for custody and parenting time. That said when a parent loses a custody battle their first thought…
A lot of mystery seems to surround the division of assets when parties file for divorce and call the end to the marriage. Numerous questions arise. Do I get to keep family heirlooms I brought into the marriage? Does my spouse get a part of my 401(k) as he or she has her own? If our marriage has only lasted…
There is general agreement among the bench and bar that parents should not call their children as witnesses in their divorce of post-decree modification cases. Putting any child on the stand is a traumatic experience and one that usually makes them pick sides. On the other hand, while there are a lot of ways a child’s views can be made…
Almost every seasoned divorce attorney has been blindsided in court from some significant evidence (documents or testimony) that has a detrimental impact on his or her client’s case. The conventional thinking may be my spouse does not know about it or would not dare to raise it in our divorce trial. Think again. However, that is almost always not the…
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…
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…