The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
In a Divorce, Am I Entitled to Half the Value of Property Titled with My Spouse If It Creates an Unequal Division of Assets? Maybe? This is a common question as many people logically think if the mortgage/deed and title to a car is in both names, half the value belongs to each spouse on divorce. This brings us three…
Can I Be Required to Contribute Toward My Kid’s College Expenses If We Have Had No Relationship After the Divorce1? Maybe? Maybe not! Under Indiana law, there is no absolute duty for a divorced parent to be ordered to contribute toward his or her adult child’s college expenses. Generally, Indiana divorce courts order divorced parents to pay toward their adult…
One key aspect of the American legal system is the prohibition against warrantless searches of your home. As you may know, police officers cannot search your home without first obtaining a search warrant. This embodies the English common law notion and societal view that your home is a special place—your castle—and should only be subject to search under a high…
Everyone knows of a custody “battle” waged by a family member or friend–where both parents are entrenched in their positions, are convinced they are right (and maybe are), and fight tooth and nail to have the time with their children they believe is in their best interests. Or, is this your case? Most commonly, this struggle is waged through successive…
Every litigant in Indiana administrative proceedings or trial courts has the ultimate right to appeal to the Indiana Court of Appeals. Trial courts make many orders, but typically it is the last one deciding the issues that is the final order that is subject to appeal. Usually. However, life and law are complex and sometimes an appealed order is not…
Probation is often a tool used by trial courts and is normally within their discretion to order in most cases. It is obviously a desirous outcome for judges, the community, and defendant. Most of the time it keeps the defendant out of jail, at home and work, and the taxpayers from paying for criminal incarceration. However, violations of the terms…
Sometimes litigants are shocked and upset by a final order of a trial court in civil litigation and want to stay or “stop” it pending an appeal. In general civil cases, a party has to first ask for this stay in the trial court1 and present the reasons for a stay as set out in the trial rules. In essence,…
Every year there is a surge in divorce filings from January to March. Why? Most couples, specifically those with children, are reluctant to break up during the closely-spaced holidays of Thanksgiving, Christmas and New Years; particularly, with the office parties and other events that are almost holiday rituals, like Black Friday shopping. After all, there is a whole year to…
Under the Divorce Act, the Legislature vests trial courts with great discretion to divide the marital estate in a just and equal manner. One consideration in any divorce is the award of statutory rehabilitation maintenance. Rehabilitation maintenance1 is much narrower than alimony in many states because it only allows a trial court to award such for up to three (3)…
Indiana’s trial courts issue tens of thousands of final orders. Over the years, we have observed three common ways individuals who want to challenge the trial court’s ruling in the Indiana Court of Appeals have inadvertently waived this right. Don’t let this be your case if you want to appeal what you believe is a wrong order and seek reversal.…