FAMILY LAW ATTORNEYS
If you are dealing with a family law matter, you need effective and caring representation. Colleen Durkin of Collins & Associates is a dedicated advocate in divorce, custody, visitation, guardianship, and child support cases. She will be by your side as you face the stressful and difficult experience of Family Court. Having the right attorney is crucial—that is why Colleen does not charge for the initial consultation. Contact Colleen today—she can help.
Family Law Frequently Asked Questions
In a divorce, do I have to pay my spouse's credit card debt, even though it was not in my name?
Division of assets and debts include everything accumulated during the marriage, without regard to how the property is titled. Although exceptions exist and are often litigated, generally all assets and debts are marital if acquired during the marriage.
My son's dad has been paying support informally. Do I need a court order?
We recommend that a court order be in place. It can be as easy as filing a consent order with the court. That way, if anything changes, or the dad fails to pay, you have recourse with the court.
I have heard there is a standard visitation law in Delaware. Does it have to be followed or can we do something different?
Yes, we do have standard contact guidelines in Delaware. You can find them here:
http://courts.delaware.gov/help/visitation/visitation.stm However, they are guidelines only, and not the law, and maybe not right for your particular situation. Contact us to discuss how your situation may be unique, and how the guidelines may affect your custody/visitation matter.
I am separated from my husband but do not want to move out because I have heard I will lose my right to the house. Is this true?
No, that is not the case. All marital assets and debts are on the table regardless of who is using them or where each party resides. However, it is also true that the parties can be separated and still live in the same house, so long as they do not share a common bedroom.
My husband cheated on me and I want a divorce. Does his adultery affect how much I receive in a property division?
Adultery is one of the few exceptions that can allow a person to file for divorce before the six month waiting period. But it does not affect the property division, which, according to our law, is determined “without respect to marital conduct.