Facebook And Family Law - Lessons From Connecticut
Technology is an ever expanding part of most of our lives. From email and texting to Facebook and Twitter, many people rely on social media to keep up with and communicate with friends and family. As...
View ArticleFamily Court Modifies Civil Procedure Rule 101(b)
Family Court has approved an amendment to Civil Procedure Rule 101(b) regarding divorce. Section (b) of Rule 101 has been amended to read: Each original petition for divorce or annulment shall...
View ArticleChanges To The Process For Expungement Of Juvenile Delinquency Records
House Bill 147, which became effective on January 1, 2012, modifies the process set forth in Title 10 of the Delaware Code regarding expungement of juvenile records of arrest and adjudications of...
View ArticleThe Dependency Exemption In The Context Of A Divorce
With tax season rapidly approaching, many parents are contemplating the dependent child exemption. Under Internal Revenue Code Section 152(e), the custodial parent is granted the dependency exemption...
View ArticleDelaware Supreme Court Remands Custody Decision
Kathleen Martin (“Mother”) appealed a Family Court order that prospectively awarded primary custody of her child to Jack Martin (“Father”) from and after the date on which the parties’ child begins...
View ArticleLifetime Alimony Provisions In Marital Property Settlement Agreements
Section 1512 of the Delaware Code addresses a party’s claim for alimony. Of note is subsection (g), which provides in part: Unless the parties agree otherwise in writing, the obligation to pay future...
View ArticleThe Dependency Exemption In The Context Of A Divorce - The Sequel
In a prior blog post I discussed the Delaware Family Court decision issued in the case of L.S. v. L.R.S., 2007 WL 4793935 (Del. Fam. Ct. Jan. 17, 2007), which held that the right to claim the Federal...
View ArticleWhat Is Custody - Lessons From Katie Holmes and Tom Cruise
The recent split of Katie Holmes and Tom Cruise captured the attention of the nation. Pictures of Katie and daughter Suri filled the newsstands as speculation over their divorce and custody...
View ArticleAlimony And The First Amendment
In an interesting and perhaps novel argument, Vanessa Wright appealed a Family Court decision awarding $1,313 a month in alimony to her former husband, David E. Wright, alleging, inter alia, the Family...
View ArticleVoluntary Post-Separation Payments And Divorce
Sometimes one spouse will make voluntary payments on marital debts or expenses after separation. For example, a spouse who no longer resides in the marital home may choose to voluntarily make the...
View ArticleThe Hague Convention On The Civil Aspects Of International Child Abduction
For many families with international connections, the threat of parental abduction is a serious concern. When those situations arise, families and courts look to the The Hague Convention on the Civil...
View ArticleDelaware Supreme Court Holds That An Indigent Parent Who Is Entitled To Court...
The question regarding the scope of procedural protections due an indigent parent in a termination of parental rights case was recently presented to the Delaware Supreme Court in the matter of Moore v....
View ArticleSo You Want To Modify Your Custody Order . . .
I have previously written about the best interests factors the Family Court considers when entering child custody and visitation orders. Many parents, however, also want to know what the Court will...
View ArticleFamily Court Defines A Mortgage Payments As A Primary Expense For Which A...
In the case of C. v. T., the Delaware Family Court was asked to determine if an obligor can receive credit against a child support obligation for paying the mortgage on a marital residence. The Court...
View ArticleNew Hours For The New Castle County Courthouse
The Administrative Office Of The Courts has announced that effective May 6, 2013, the “New Castle County Courthouse (NCCCH) will move its opening time for members of the public to 8:30 a.m. Monday...
View ArticleCollaborative Law In Family Law Matters
Alternative dispute resolution may take many forms. Typically, litigants and lawyers alike think of mediation and arbitration when they think of alternative dispute resolution (“ADR”). However, these...
View ArticleDelaware Family Law - Grandparent Visitation
Sandra Fava, a Partner in our Roseland office, recently authored an interesting post on grandparent visitation in New Jersey. Her post describes the standard applied to applications for grandparent...
View ArticleDelaware Family Law - Delaware Supreme Court Rules On Issues Of Malpractice...
The Delaware State Bar has a long-standing and proud tradition of pro bono service. Nowhere is this more evident than in the child welfare cases that make their way through the Family Court....
View ArticleDelaware Family Law - Time Period For Requesting Review Of A Commissioner's...
The Commissioners of the Delaware Family Court hear and determine a multitude of cases each year. For litigants seeking to have a Commissioner’s decision reviewed by a Family Court Judge, Delaware law...
View ArticleDelaware Family Law - Delaware Supreme Court Remands Alimony Decision
Like many other states, Delaware law provides a dependent spouse with an opportunity to seek alimony in a divorce proceeding. Section 1512 of Title 13 of the Delaware Code requires a party seeking...
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