Latest Articles

Many families are built or extended through adoption. Most people are familiar with the purpose and nature of adoption – the creation of a permanent parent/child relationship between a child and the adopting parents.  When a child is adopted he or she is thereafter considered the child of the adopting parents and is entitled to the same rights and privileges as if he or she were born to the adopting parents.  This includes the right…
Earlier this year Delaware enacted House Bill 337 regarding child marriage. Previously, Delaware law allowed minors to marry if a Judge of the Family Court signed an order allowing the minor to marry. In rendering a decision the Judge was required to consider the best interest of the minor, the wishes of the minor and the minor’s parents/guardians, the mental and physical health of the individuals to be married, the criminal history of the individuals…
In addition to dividing assets and debts, Delaware Family Court has the authority to divide marital personal property such as furniture, dishes, candlesticks and televisions. If the parties cannot agree on the division of this type of property the Delaware Family Court does not typically hear evidence at trial over which party should receive the living room furniture or the big screen television.  Rather, the Court utilizes what it calls the “two-list method.” …
There is no question that pets can be – and often are – beloved members of the family.  Much as we love them, it probably doesn’t surprise anyone to know that in many jurisdictions pets are considered personal property in a divorce.  Delaware is one of those jurisdictions.  As a prior post explained, the Delaware Family Court favors the dividing personal property by the two-list method.  Does that include pets?…
Many spouses change their last name when they get married. If the marriage ends in divorce, they may choose to resume their maiden or former name. The Internal Revenue Service released a Publication reminding married and divorced people that if they do not take the necessary steps to ensure the name on their tax return matches the name registered with the Social Security Administration, the mismatch will cause problems in the processing of their return…
More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a faster, more cost effective path to resolving a case. In addition, an amicable resolution can benefit the entire family by avoiding the stress associated with contested litigation. In order to make the most of mediation, the following tips…
There is no doubt that divorce litigation can be a stressful process.  While there will be factors and forces outside of your control, there are things you can control and steps you can take to reduce your stress level.  Below are five examples of steps you can take to reduce the stress of litigation:…
Medical divorce is a term coined some years ago to describe a divorce obtained for medical reasons. More specifically, according to an article by George Diepenbrock, researchers defined “medical divorce” as “an instance where one partner becomes diagnosed with a degenerative disease, such as early onset dementia. The couple could drain its assets, including retirement savings, to pay for treatment. However, some couples instead choose to divorce to shield one person’s assets. The sick partner…