Recently Daniel Craig was ridiculed for carrying his weeks-old infant daughter in a papoose tied around his neck.  The negative comments, brought about by British Today star Piers Morgan, included the sentiment that by taking this action, Mr. Craig had been “emasculated.”  Perhaps Mr. Morgan believes the “tender years doctrine” still has a place in today’s society?…
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.” …
Dealing with infertility and assisted reproductive technology is overwhelming.  Learning the acronyms (IUI, ART, IVF, ICSI) alone can seem daunting. Then there is the anxiety and fear that come along with the regular testing and attempted cycles.  There is the emotion that accompanies the desire for a child.  The women start to feel like they are a living science experiment and the men can feel powerless.  Yet as intended parents trudge through the medical and…
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?…
Potential new clients often tell me that they want “full custody” of their child/ren when they are facing a possible divorce/separation. When I delve a little further into what these clients are actually looking for, i.e. what they believe “full custody” means, I get a wide array of different answers.  My simple answer to their request/question is that we do not have the concept of “full custody” in New Jersey. Instead, New Jersey courts recognize…
The simple answer is YES! Alimony is always reviewable based upon a substantial change in either party’s financial circumstances. However, in general terms, we usually see the payor spouse (the one paying the alimony) file these applications. As an example, if the payor spouse loses his/her job or suddenly becomes seriously ill, then that spouse may file an application with the Court to review his/her support obligation. (It should be noted that this analysis may…
As you may have heard, it just got a bit easier in New Jersey to prove cohabitation, i.e. that your former spouse is in a serious relationship with their new partner!  Specifically, now, you no longer need to prove that your former spouse is living with their new love interest on a full-time basis.  This is huge! So, what evidence do you need to present to the Court to evidence that your former spouse has…