Who is responsible for the air transportation of a young child?

airtransportationI recently had a conversation with a very unhappy mother regarding transportation of a young child for visitation The child was about thirteen years old and had never been on an airplane before.  Father chose to leave his employment and found a job approximately 2000 miles away.  Father then tells Mother that he wants her to pay the expenses for the flight. Continue reading

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Beware of What You Post: How Social Media May Hurt Your Divorce Case

socialmediaNearly everyone in America uses some form of social media to connect with friends and family, share news, and document their lives. With so much of our daily routines ending up in a Facebook status, a tweet, or a new post on Instagram, people contemplating divorce need to be vigilant about what they share with the world. If you aren’t careful, your seemingly innocent update may be used as evidence in your divorce case. Continue reading

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Planning Your Divorce

plannPlanning your divorce should begin the day you get married.  As cold and calculating as this may sound it does make a great deal of sense.  The premise is not to treat your spouse as your adversary but to be aware of all aspects of each other’s finances so that if the time comes that you do divorce you know what your financial situation will be.  Continue reading

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Becoming your own Expert through the Divorce Process

expertDivorces often require the production of many documents, especially financial documents that will need to be reviewed, dissected and produced in court when determining the parties’ percentage of property distribution.  You should become your own expert when it comes to the financial aspects of your divorce. Continue reading

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Choose Thy Ground and Take Thy Rest – Lord Byron

roadDelaware is a No-Fault Divorce state.  The Delaware code states that the Court shall equitably divide marital property without regard to marital misconduct.   In practical terms, that means that the basis for a divorce is ultimately irrelevant when it comes to the division of property or alimony.  Despite this, it is very common, in particular for those who have been subject to the adulterous actions of their soon-to-be ex-spouses, to allege “fault” or a ground of misconduct in their divorce petition. Continue reading

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Its déjà vu all over again

take 2If you’ve ever introduced yourself as a divorce attorney you’ve inevitable heard something like, “wow, business must be good.  You know 50 % percent of all marriages end in divorce.”  What you don’t hear about is another growing trend that has surfaced recently (although maybe NOT so great for business, certainly great for our society) about the number of couples who marry each other twice with no divorce in between.  Continue reading

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I have to see my ex?!?

my exDelaware law requires the parties (and counsel if involved) to participate in a settlement meeting during the course of a property division case.  This meeting, often called a 4-way meeting, is to be conducted prior to a pre-trial conference with the assigned Judge. Continue reading

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Determining the best Interests of a child

childFamily Court judges are charged with making custody and visitation decisions regarding Delaware’s children. In each case brought before the judge, he or she sets custodial and residential arrangements in accordance with the best interests of the child. But what does that consideration entail? Continue reading

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Look Good, Feel Good

dress code 1

It is no secret that the way you dress says a lot about you.  Type that phrase into Google and instantly numerous articles pop up expounding the many ways in which your clothes reflect your self-esteem, your attitude, your mood even your respect for the event you are attending.  No where is this more important than when you attend Court.  Continue reading

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A Little Privacy Please

In today’s real estate landscape more and more divorcing couples are struggling to dispose of their marital home.  When both parties are on the deed and the mortgage and there is little to no equity in the home the options can be very limited.  Continue reading

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Its Nobody’s Fault But Mine

In 1929, Bertrand Russell the British philosopher and practiced infidel wrote in Marriage and Morals that “[t]he psychology of adultery has been falsified by conventional morals, which assume…that attraction to one person cannot coexist with a serious affection for another.  Continue reading

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Ain’t Nobody Got Time For That

no timeSuzanne Evans, in a recent Wall Street Journal article, “How Machiavelli Saved My Family” (http://on.wsj.com/14NXMHT) lamented about the endless chores and chaos of her household and four children (two from previous marriages and two with her husband).  Her unique solution was to turn to the philosophies of Machiavelli because it’s no secret that children monopolize parents’ time.  Continue reading

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Beware! Email communication counts R.B. vs. K.S.

email countsIn R.B. vs. K.S., a November 2012 New Castle County Family Court case held that under the federal E-Sign Act, a signature or contract “may not be denied legal effect, validity, or enforceability solely because it is in electronic form or an electronic signature was used in its formation.” Jay M. Zitter, Construction and Application of Electronic Signatures  in Global and National Commerce Act, 29 ALR Fed. 2d 519 (2008). Continue reading

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Property Distribution (Title 13, Chapter 1513)

Delaware is an equitable distribution state, meaning that the Court reviews and analyses the real and personal property and debts acquired by the parties during the marriage and said property and debts shall be distributed equitably. Continue reading

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The Great Wall

Delaware, like many states, requires a period of separation prior to a divorce being granted.  However, unlike other states, in Delaware you do not need to file with the Court in order to be separated.  You simply need to live apart for six months or more immediately prior to the ruling on the divorce decree.  Continue reading

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