Social media clauses are now a part of prenuptial agreements.

Attorneys report that there is an increase in the number of clients that request prenuptial agreements that contain language addressing usage of social media by both spouses during the impending marriage. Such usage includes the posting and displaying of photographs, videos, and even verbal content. Using a “prenup” in this manner is wise for a […]

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What’s mine is yours . . . ’til divorce do us part!

One of the more complicated parts of a divorce is when the courts have to decide on the division of

This part of the process can be extremely grueling and time-consuming. However, being prepared for what’s to come can only help. The process is much easier when the parties involved come to agreements about many of […]

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Show me the money!

The financial aspect of a divorce proceeding can become very burdensome. Initially, there’s the emotional impact of separating from your spouse and getting a divorce, and if your divorce is not a simple one, you then have to consider the financial aspect of your case. The court looks at each party’s monthly expenses, income, assets, […]


What are the effects of incarceration on divorce proceedings?

If 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 for the incarcerated individual, in accordance with guidelines of the specific detention facility. It is best to check with the […]


In whose best interest?

Whenever a married couple with minor children from 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 […]


Love that’s equally valid.

Governor 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 […]


The differences with military divorce.

In honor of Veteran’s Day, here’s some information you should know if you are involved in a military divorce.

A military divorce in Delaware is a bit different from a typical civilian divorce. Under the Soldiers and Sailors Act, 50 UCS Section 521, as well as the discretion of the local courts in Delaware, the divorce proceeding […]


How do you modify alimony?

If you have an alimony award, it can be modified at any point when there is a substantial change in circumstances. The case summary below is a good example of when an alimony award can be modified.

A.C. vs. E.C., File No. CS09-02606, Petition No. 12-18873, Jones, J. 

(February 21, 2013)

The guardian ad litem (GAL) for the […]


The black widow rears its ugly head.

In Delaware, if you have a claim for alimony, the party seeking the alimony benefit must be defined as a “dependent spouse” under the meaning of statute 13 Del. C § 1502.

In the attached case, the husband made a substantially higher income than his ex-wife. They were only married for 17 months, and this was both […]


Prenuptial agreements in Delaware

Prenuptial agreements reduce much of the financial litigation that may result from a divorce.

A prenuptial agreement is executed prior to the marriage and is designed to govern the distribution of assets and debts in the event of a divorce. In Delaware, a prenuptial agreement can also be established for a finite period of time, rather than […]

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