Articles by The Castro Firm

Does your prenup affect your posts on social media?

Most people don’t think twice about posting public (and even private) information pertaining to their significant others/spouses on social media. Most of the time, if there is a happy marriage, neither spouse objects to the other posting photos, videos, and short stories about them. However, more and more, we are seeing how prenuptial agreements are now including clauses in which spouses agree or ask for the other not to post their personal information. To some, this may seem excessive. To others, it may seem quite appropriate. Continue reading

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How common is divorce in Delaware?

The latest news tells us divorce is on the rise, and is even becoming somewhat of a trend. People are now rewarding themselves for accomplishing this difficult task, with vacations, gifts, and even parties designated specifically for becoming a divorcee. With that being said, many spouses are now more inclined to file and go through with divorce, without the lack of mutuality between each. As stated on Mommyish.com, “Now there’s apparently a hot new trend of couples taking divorce selfies to celebrate the official ending of their marriages.”[1] Divorce no longer has the negative connotations it once did. One divorcee stated, in a very well-described post, “Instead of being disappointed that our choice to be together didn’t last forever, we choose to accept that sometimes good things fall irreparably apart, to be thankful for the adventures we had, to look forward to the new and exciting ways we will grow as individuals and in other relationships, and to commit to a lifelong friendship and coparenting partnership.”[2] Continue reading

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How to handle a divorce?

DDBThere is no easy way to cope with divorce. Unless you and your spouse mutually agree that your relationship is not working, there will always be something to debate. One spouse may not want a divorce at all. Another may not agree with how property is being divided and want to address that through a court of law. Others have problems when it comes to any children they may have had during the marriage, and how they will handle that situation. Some people are very fortunate and have easy, quick divorces. Others, not so much. Continue reading

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It’s not always bad.

DDBAs soon as someone hears about another person who is getting or has gotten a divorce they feel a sense of sympathy and pity towards the person. An “I’m sorry” is foreplay to the “let’s find you someone better” remarks. Initially, this is the general reaction. However, more and more today, people are congratulating one another rather than feeling sorry. As the divorce rate increases, people have started to normalize divorce and feel as though it is just something that needs to happen in some situations. Continue reading

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WHO GETS WHAT?

DDBFirst comes marriage. Then, sometimes divorce. Then comes property division which can be the worst. The most amicable way to end a divorce is for each person to take what they own. Continue reading

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Divorce and Tax Implications

DDB_blogimageThere are a multitude of tax implications when two people decide to get a divorce. There are some good ones and some bad ones. Some of the items to consider are whether only one of the spouses earned income outside of the home during the marriage, whether the spouses filed separate tax returns during the marriage, whether there are children, and whether there is property to be divided for which gains or losses will have to be recognized when filing taxes. Continue reading

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Prenups: Are they really the best thing?

DDB_blogimage          An attorney once told me the best option was to sign a prenuptial agreement (“prenup”), once I was married. Most people would be appalled at the thought. However, it is not such an astonishing option when put into perspective. A prenup is an agreement between two future spouses, in which they agree on property division if they were ever to divorce. A prenup divides both, what you have and what you owe. Many people think a prenup only divides the money or property you own. Nonetheless, debt is also divided. Continue reading

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It’s not only women. Men feel it too.

DDB_blogimage           When two people get divorced, most of the time, people assume the woman suffers more, emotionally and mentally. Some say it may be due to the different ways in which each party handles the situation or in how one party expresses emotion as compared to the other. One party may be thrilled. The other may be devastated. If the divorce was a mutual understanding that was agreed upon, the emotions may be completed different. Nonetheless, a lot of the time, one of the two parties has a harder time than the other, for a multitude of reasons. Continue reading

Categories: Alimony, Articles by The Castro Firm, Divorce | Tags: , , | Leave a comment

10 Tips for Choosing the Right Divorce Mediator

22988106-illustration-depicting-a-sign-with-a-mediation-conceptSource: Mediate.com

Perhaps you’ve come to the realization that divorce mediation is the way to go for you and your spouse, but how do you choose a divorce mediator? After all, not all divorce mediators are created equal. Continue reading

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What’s mine is yours…till Divorce do us part

30156300-prenuptial-agreement-and-divorce-law-concept-as-a-justice-scale-with-wedding-rings-as-a-symbol-of-a-One of the more complicated parts of a divorce is when the Courts have to decide on the property division aspect of your case.  This part of the process can be extremely grueling and time consuming.  However, being prepared for what is to come can only help. Continue reading

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5 Reasons I Wish My Parents Would Have Divorced

25731329-unhappy-siblings-sitting-in-kitchen-with-their-parents-who-are-arguing-loudly-at-home

It happens all the time. He’s unfaithful. She needs to decide whether to leave him or stay for the sake of the kids. Marriage is not easy. But, as someone who lived through this as a kid, let me tell you this: staying for the sake of the kids is the WORST thing you can do for the kids. Here are five reasons why: Continue reading

Categories: Articles by The Castro Firm, Custody, Divorce, Practical Tips | Tags: , | Leave a comment

SHOW ME THE MONEY!

ShowMeTheMoneyThe financial aspect of a divorce proceeding can become very burdensome.  Initially, there is the emotional impact of separating from your spouse and getting a divorce, if your divorce is not a simple one, you then have to consider the financial aspect of your case.  The Court looks at each parties’ monthly expenses, income, assets, debts, and more to determine how much to award in alimony and what percentage of property each party is entitled to.  See below summaries of some actual Family Court cases. Continue reading

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Effect of Incarceration on Divorce Proceedings

incarcerationIf divorce proceedings are commenced when one party is incarcerated, certain practical considerations will impact the timing and conduct of the proceedings. Firstly, certain additional steps may be required to ensure proper service of process on the incarcerated individual, in accordance with guidelines of the specific detention facility. It is best to check with the detention facility in question to ensure compliance with their guidelines. Continue reading

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In Whose Best Interests?

custody 2Whenever a married couple with minor children of the marriage divorces, custody and visitation become an issue.  From the very beginning, the Delaware Family Court makes it clear that the best interests of the children are of utmost importance.  For instance, the Court requires that both parents sign an Affidavit of Children’s Rights.  The affidavit outlines several rights, including the right to a continuing relationship with both parents, regular consistent contact with both parents and the ability to express love for one parent without fear of disapproval from the other.  Continue reading

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Love That’s Equally Valid

EqualityGovernor Jack Markell declared that by signing House Bill 75 into law on May 7, 2013, Delaware was recognizing that same sex couples who have committed to one another and pledged to spend their lives together have a love that is equally valid and deserving.  The adoption of House Bill 75, titled An act to amend Title 13 of the Delaware code relating to domestic relations to provide for same-gender civil marriage and to convert existing civil unions to civil marriage, made Delaware the 11th State to allow same sex couples to legally marry. Continue reading

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