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Wilmington Delaware Family Law Blog

Avoid These Five Mistakes in Your Child Custody Case

Keeping calm and rational when dealing with your ex might be the last thing on your mind during a painful and contentious divorce. If children are involved, it’s crucial that you find a way to be the better person 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.

How will your property be divided during divorce?

A divorce splits up your family, but it also divides your assets. Once an individual overcomes the shock of ending their marriage, they may worry about their property and financial security. Who will keep the house, what happens to your family car, your spouse's credit card debt or your inherited antiques?

Delaware is an equitable distribution state. This means that a judge decides how to fairly divide assets and debts. Assets are not automatically split 50/50 between you and your spouse. Instead, the courts take a number of factors into account to determine a fair split. How do the courts decide how to divide property?

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