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Wilmington Delaware Family Law Blog

A DUI can take a bite out of your budget

Because of the many thousands of victims of fatal drunk driving accidents each year, most states continue to enact tougher laws with stricter sentences. It is not as easy as it once was to walk away from a first offense with a slap on the wrist. More states are including mandatory jail time and other penalties for first convictions.

Delaware ranks among the top ten strictest states for drunk driving laws, according to a recent report. Here, a drunk driving conviction can lead to far more than a fine and community service. In fact, you may be shocked to discover how much a drunk driving arrest can end up costing you.

Did your DUI stop go from bad to worse with an enhanced charge?

Certain circumstances could result in an already bad situation becoming even worse. Though you undoubtedly do not want any run-in with law enforcement to get worse than it already is, the possibility does exist that an officer who stopped your vehicle could suspect you of driving under the influence. This makes the traffic stop go from bad to worse, but even more, you could face aggravated charges.

You undoubtedly did not want to find yourself facing a DUI charge of any kind, and you certainly do not want to face an enhanced charge. However, you may face this type of allegation if the arresting officer believes that certain details of the situation make it more troubling than a standard DUI stop.

When can you challenge a prenuptial agreement?

Life can take us by surprise. We can meet someone and fall in love—only for that person to change and for the love to go away. The marriage might fall apart. If there’s no hope for the marriage, you might consider divorce. And then, if you signed a prenuptial agreement, you might feel trapped.

Prenuptial agreements have been on the rise recently, owing largely to millennials. Because millennials get married later in life than earlier generations, they tend to bring more assets into their marriages. And because many of them saw their parents get divorced, they may be more pragmatic about their marriages and the idea of the prenup. Still, the courts may not enforce all these prenuptial agreements.

5 Time DUI offender kills woman in fatal car crash

What is a man with five DUIs on his record doing driving on the road? This is the question that is haunting loved ones and the Delaware County community. A fatal accident occurred earlier this year when the offender crashed his vehicle into his 45-year-old victim. Many people are questioning the current system and casting serious doubts on its ability to serve and protect the community.

Unfortunately, a tragedy like this has caused the spotlight to shine on the mistakes made by both the offender and the justice system. The 30-year-old offender had broken the conditions of his previous DUI convictions multiple times. He had a proven track record of breaking the law and getting away with it. Finally, after the death of the victim, he is facing a seven-year minimum sentence for repeated DUIs.

Custody rules when one parent moves with a child after divorce

After a divorce, sharing custody of the kids with an ex-spouse will be made much easier when you are both living relatively close to each other. This naturally makes drop-offs and transfers much easier. Plus, when the kids have activities, it isn’t such a trek to get to see them. However, this is just not doable for many families who have work or family considerations away from their divorced spouse.

The courts take relocation and the distance of each parent from each other very seriously when considering custody. If one parent has primary custody, it will not simply mean a judge will allow a move that takes the children farther away from the other parent.

What getting incarcerated can do to your child

As a parent, almost nothing would make you happier than to see your kid grow up to become a responsible adult with a good job and a reputable name. Unfortunately, the chances of that happening can significantly decrease from one mistake they did before they turn 18.

In Delaware, your kid can face imprisonment if they commit a serious crime and serve weeks or months in juvenile detention. Once the sentence is complete, it will not be easy for your child to adjust to normal life again. There can be long term consequences from incarceration that can negatively impact your child’s future.

The ex-spouse stopped paying child support. Now what?

You and your former spouse may have divorced about two years ago. Everything has been going relatively well, considering it is divorce and can be challenging. Your former spouse has been paying child support regularly and timely. Until one day, the child support payments just stop. What is going on? Why did you not receive the support you need to help raise your children? Did your former spouse possibly lose their job?

Avoid These Five Mistakes in Your Child Custody Case

Keeping calm and rational when dealing with your ex might be difficult during a painful and contentious divorce. If children are involved, it’s crucial that you find a way to show that you're a steady and reliable parent, so that the best interests of your kids are properly served.

Understanding the different types of child custody

Divorce can bring significant change to your family. When you have children, you want to arrive at a custody arrangement that suits their best interests. It's important to understand that custody is rarely a simple issue, and there are often several layers to consider.

As these matters are subjective, custody comes in several different types. Understanding the different custody classifications can better prepare you for the structural changes that may lie ahead for your family.

Modifying your agreement post-divorce

Life changes all the time. If your divorce was finalized when your children were very young, the parenting plan, child support, and other aspects of the agreement are going to be in force for a decade or longer. New jobs, new living arrangements, and even a new city you live in are all good reasons to go back and revisit the agreement.

Revising your agreement is not too difficult if both parties agree easily. But the process is the same as creating it in the first place, so it should not be entered into lightly. If you have a good reason to modify the agreement a good family law attorney can get it done.

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