Family Law Flashcards

A Delaware custody order was entered after a full evidentiary hearing. A parent seeks modification 10 months later. What must the parent show?

Answer: That continuing enforcement of the order may endanger the child's physical health or significantly impair emotional development

Under 13 Del. C. § 729(c), an order entered after a full hearing may be modified within two years only upon a showing that continued enforcement may endanger the child's physical health or significantly impair emotional development.

When dividing marital property in a Delaware divorce, what role does marital misconduct such as adultery play?

Answer: None; the court divides property equitably without regard to marital misconduct

13 Del. C. § 1513 directs the court to divide marital property equitably after considering enumerated factors, expressly without regard to marital misconduct.

Under Delaware law, a recipient's alimony obligation ordinarily terminates upon which of the following events?

Answer: The recipient's remarriage or cohabitation with another person in a relationship akin to marriage

Under 13 Del. C. § 1512(g), alimony terminates upon the death of either party or the recipient's remarriage or cohabitation, unless the parties agree otherwise in writing.

A spouse in a Delaware divorce wants the court to divide property and decide alimony after the divorce decree is entered. What procedural step is required?

Answer: A party must request ancillary relief before the decree becomes final so the court retains jurisdiction

Delaware Family Court retains jurisdiction over ancillary matters like property division and alimony only if a party applies for such relief in connection with the divorce proceeding before the decree becomes final.

In Delaware, the marital portion of a spouse's pension earned during the marriage is treated how at divorce?

Answer: As marital property subject to equitable distribution, often divided by a qualified domestic relations order

Retirement benefits accrued during the marriage are marital property in Delaware and are commonly divided using a QDRO or similar order.

A custodial parent in Delaware wants to relocate out of state with the child over the other parent's objection. How will the Family Court decide the dispute?

Answer: By applying the best interests of the child factors to the proposed relocation

Delaware courts resolve contested relocation requests by analyzing the child's best interests under the § 722 factors as applied to the circumstances of the move.

Under Delaware law, when does a grandparent or other third party have standing to petition for visitation with a child?

Answer: When the statutory requirements are met, including showing visitation is in the child's best interests and, over parental objection, that the objection is unreasonable and lack of visitation would cause harm

Delaware's third-party visitation statute, 13 Del. C. § 2410 et seq., requires best-interest findings and, when a parent objects, proof that the objection is unreasonable and that denial of visitation would cause real harm to the child.