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Wilmington Legal Issues Blog

Dads and divorce: Keeping the kids

When you're divorcing your children's mother, it is hard for you at the end of a relationship, but it's also difficult because of the risk of losing time with your children. Though the courts are not allowed to be biased toward mothers, the reality is that men are often seen as less capable of caring for their children than women.

To make sure you get the custody time you want, it's important that you present yourself as a great parent in court. If you and your spouse have to go to the judge for help with a parenting plan or schedule, you'll want to have evidence of your excellence as a parent. Some things you'll want to show include:

  • How often you spend time with your children
  • How well you know your children and their routines
  • How involved you are in their schooling
  • How involved you are in daily care
  • Positive interactions with other parents and your children's friends
  • A respectful attitude toward your spouse, despite your separation and eventual divorce

Use a divorce checklist to prepare for the process

As you move closer to divorce, you may have concerns about the challenges you'll face. Divorce is complicated on many fronts, ranging from your emotional health to the financial implications.

A divorce checklist can help you properly prepare for the process, thus putting you in position to make informed and confident decisions.

Does your prenuptial agreement protect your business?

Many business owners take the important step of protecting their business with a prenuptial agreement, but this does not mean that their business is always safe in the event of divorce. Like all contracts, prenuptial agreements may contain improperly worded language or questionable terms, and these may not hold up to scrutiny if a business owner's spouse chooses to challenge the agreement.

If you took steps to protect your business from potential divorce and now believe that divorce is likely, it is unwise to assume your prenuptial agreement is airtight and that your business is safe. Make sure to review the agreement carefully to understand potential problems and ensure that your business can survive, even if your marriage does not.

5 tips for asking for a divorce

Asking for a divorce is one of the more difficult things you'll ever do. You hope you never have to do this, but there's no way of knowing what the future holds.

If you find yourself in this position, preparation is the name of the game. Here are five tips you can follow when asking for a divorce:

  • Prepare for everything: You don't know what will happen, so you need to prepare for everything. What will you do if your spouse starts to cry? What will you do if they become violent? You need to think through every possible circumstance before having this conversation.
  • Know what you want to say: Asking for a divorce is not as simple as blurting out your intentions and hoping your spouse is okay with it. You should have an idea of what you want to say and how you want to get your point across.
  • Don't change your mind: If you've thought things through and know that divorce is the best solution to your marital problems, don't let your spouse talk you out of it. It's okay to consider all your options, but once you know divorce is the answer, don't change your mind.
  • Choose the right time and place: It's best to choose a quiet place without distractions. However, if you're concerned about your safety, opt to discuss your divorce in a public setting, such as a restaurant.
  • Don't talk about what happens next: Once you ask for a divorce and the both of you are on the same page, you can exit the conversation with the idea that you'll work through the finer details in the future. Now is not the time to discuss property division, child support, child custody and alimony. Even if the other person wants to do so, it's best left for mediation.

How should a receiving parent spend child support?

Many Delaware mothers and fathers are paying a lot of money each month in child support. It's only natural for these parents to ask the question, "Is the child support money I'm paying being used in the right way?"

In fact, child support is intended to be used to cover many types of costs and expenses relating to your child.

Divorcing with children: Helping your kids adapt

No divorce is without its complications, and if you have children, you know that your divorce is immediately more complicated than if you didn't. Not only do you need to adjust and take care of yourself, but you also have to help your children adjust to changes in your life.

Helping children adjust doesn't have to be difficult, but there are some things you need to do to make the transition as simple as possible. Here are three helpful tips for getting your kids through divorce.

The unique needs of firefighters during divorce

Firefighters are some of the most popular public service employees in government. Children dream of putting on firefighting outfits and becoming professional heroes when they grow up. Singles dream of making a firefighter their husband or wife.

Just because firefighters are much-loved, however, does not mean that their marriages never end in divorce. Moreover, when a firefighter divorces, he or she will face some special challenges. For example, will a firefighter's odd working hours interfere with his or her ability to secure shared child custody? Also, will the firefighter's ex get to take a large portion of his or her pension?

Headed for divorce? 3 options for the family business

When you own high-value assets, such as a business, reaching a divorce settlement can be very complicated. For example, if you and your wife are real estate professionals that run a joint company in Delaware, you will have to decide if the two of you can continue working together or if you should sell the business. Each option comes with its own set of complications.

Before you decide on a course of action, it is best to examine the various options that are available. To find out more about some different strategies to handle the business, read further.

Divorcing? That means you should update your estate plan

There are a lot of unfortunate side effects to a divorce. You may worry about seeing and spending time with your kids. Your retirement account could end up much smaller than what you'd hoped by this point in your life. You may even need to find a new place to live. Chances are good that you're already working to address these issues. It's also likely that you could overlook other important concerns and considerations in the process of your divorce.

One of the most critical things you need to address when divorcing is your last will or estate plan. Depending on how contentious your divorce looks to be, you may want to make changes as soon as you file for divorce. In other cases, it may make more sense to wait until the courts finalize the divorce. Regardless of which approach you take, the sooner you handle your estate plan and last will, the better your overall peace of mind about the future. 

How to keep your summer cool

Summer is in full swing and with it trips to the shore, barbeques and summer vacations. Spending time with the kids on a special outing makes for some of the best family memories--but what happens when you're a divorced parent and have to work with your ex to plan extended time with your kids? Can it be amicable or is it destined to be fraught with conflict?

While most divorce agreements spell out time with the kids in the summer, are there dos and don'ts that make it easier? Read on for some ideas that can make your summer plans easy breezy.

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Horner Law LLC
1225 N. King Street, 11th Floor
P.O. Box 546
Wilmington, DE 19801

Fax: 866-581-0122
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