The Law Office of Shauna T. Hagan, LLC The Law Office of Shauna T. Hagan, LLC 2026-04-22T09:08:53Z https://www.haganfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604845/2025/01/cropped-siteicon-32x32.png On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[How to handle joint legal custody disputes in Delaware]]> https://www.haganfamilylaw.com/?p=48000 2026-01-29T19:15:10Z 2026-01-29T19:15:10Z When you share legal custody, you can still end up deadlocked on major decisions. If the conflict drags on, your child can lose stability and you can lose clarity about what happens next.

Where joint custody disputes usually start

Legal custody disputes often involve health care, education and other high-impact choices. You may both believe you are acting in your child’s best interests. You may still disagree on the right path forward.

Why the issue matters under Delaware custody law

In Delaware, a judge deciding custody disputes must focus on your child’s best interests. According to Delaware Code Title 13 § 722, the court considers factors that can include each parent’s wishes, the child’s adjustment to home and school, the mental and physical health of those involved, past compliance with parental responsibilities, evidence of domestic violence and relevant criminal history. That framework can make your approach matter. A pattern of poor communication, impulsive decisions or refusal to cooperate may affect how the court views future decision-making.

Start with your parenting plan

Your shared parenting plan may already include dispute steps. It may require notice, timelines, mediation or a defined method to break ties. If you skip the process in the plan, you may create avoidable conflict or delay.

Steps you can take before court

You can often reduce escalation by using a simple structure. Use a clear lead-in before you start a list:
  • Put the issue in writing: Identify the exact decision that needs agreement.
  • Share the same information: Provide the same school notice, medical note or schedule.
  • Set a reasonable deadline: Give a specific response window such as 7 to 10 days.
  • Use neutral tools: Use a shared calendar or co-parenting app for messages.
  • Document key points: Save texts, emails, dates and what was decided.
These steps can also help you explain the dispute if you later need court involvement.

When it may help to consult an attorney

If the disagreement affects medical care, schooling, relocation or repeated noncompliance, you may want legal guidance before you take action. An attorney can help you evaluate whether you should seek enforcement, request clearer decision-making language or pursue a modification that aligns with the best-interests standard.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[How do I uncover hidden assets during a high-asset divorce?]]> https://www.haganfamilylaw.com/?p=47984 2025-07-31T21:28:51Z 2025-07-31T21:28:51Z Common strategies to hide assets There are various tactics to hide assets during divorce proceedings. Recognizing these strategies is the first step in uncovering hidden wealth. Four common examples include:
  1. Offshore accounts: Transferring money to offshore accounts can make it difficult to trace funds. These accounts often exist in jurisdictions with strict privacy laws.
  2. Undervaluing assets: Intentionally undervaluing assets such as art, jewelry, or collectibles can lead to an inaccurate assessment of wealth.
  3. Shell companies: Creating shell companies or using other forms of business interests can obscure ownership of assets. These entities may hold real estate, investments, or other valuable assets.
  4. Transferring assets to family or friends: Some may also attempt to temporarily transfer assets to trusted individuals in an attempt to hide them from divorce proceedings.
Understanding these strategies helps in identifying potential red flags during asset discovery.

Tips to uncover hidden assets

A forensic accountant who specializes in tracing financial discrepancies can help unearth hidden assets. They may be able to analyze financial records to identify inconsistencies. It is also wise to conduct thorough discovery during the divorce process. Utilize legal tools such as subpoenas and depositions to gather information and request detailed financial statements, tax returns, and bank records to better ensure transparency. Once you have this information, compare it with lifestyle and spending habits. Discrepancies may indicate hidden wealth. High-asset divorces require careful scrutiny to better ensure equitable distribution. By understanding common tactics used to hide assets and employing effective strategies to uncover them, individuals can protect their financial interests, better ensure that their interests are protected and that they receive a fair split after they finalize the divorce.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[Tips for creating a summer parenting plan that works for everyone]]> https://www.haganfamilylaw.com/?p=47980 2025-06-11T12:21:52Z 2025-06-11T12:21:52Z Developing your summer parenting plan Consider these key areas when drafting your summer arrangements:
  • Communicate clearly: Talk openly with your co-parent about summer activities, vacation preferences and scheduling conflicts. Honest discussion builds a foundation for effective co-parenting.
  • Prioritize children's needs: Focus on what serves your children best, including their existing routines, friendships and desired summer activities. Their sense of normalcy matters most during this transition.
  • Detail holiday and vacation time: Specify who has the children for major holidays such as July 4th and how longer vacation blocks will work. Decide on notification timelines for travel plans.
  • Address financial responsibilities: Clarify who pays for summer camps, childcare, sports and other related expenses. Clear financial agreements with your ex-spouse prevent future disputes.
  • Create a flexible schedule: Summer often involves less rigid school schedules. Outline specific dates and times for transitions between households. Allow for some spontaneity where possible.
  • Plan for medical and emergencies: Discuss how you will handle illnesses or emergencies when children are with the other parent. Ensure both parents have access to medical information.
A well-developed summer plan, even if informal initially, shows your foresight and how committed you are to this standard. This proactive approach can set a positive tone for future formal agreements.

Why legal counsel matters

A seasoned attorney can offer guidance beyond simply drafting documents. They can help you craft an agreement tailored to your family's specific needs, which courts can later enforce. With such agreement, you can ensure that your children's summer remains exciting and secure, regardless of your marital changes.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[What contributions to a marriage matter in alimony decisions?]]> https://www.haganfamilylaw.com/?p=47930 2025-04-29T20:35:56Z 2025-04-29T20:35:56Z What does the court look at when making alimony decisions? Delaware courts consider each couple’s unique situation when award alimony. This includes many factors like:
  • How long the marriage lasted.
  • Each spouse’s financial resources.
  • The paying spouse’s ability to pay alimony.
  • The time or training the receiving spouse needs to support themselves.
  • The couple’s lifestyle during the marriage.
  • The age and health of both spouses.
  • Each spouse’s contributions to the marriage.

How do financial contributions affect alimony decisions?

Financial contributions are often easier to understand when looking at alimony decisions. Courts typically look at:
  • Income: They look at what both spouses earn, including salaries, bonuses and other income.
  • Assets: They consider what each spouse did to get and improve things like property, investments, and savings.
  • Debts: They check shared financial responsibilities, like debts from the marriage. If one spouse takes on more debt, it might change alimony decisions.

What non-financial contributions can influence alimony?

Non-financial contributions are more difficult to calculate. However, they are still important to the household and can become important aspects of alimony decisions. Some contributions that can influence alimony include:
  • Homemaking and childcare: Taking care of the house, raising children, and giving emotional support are important. These roles help the household but might affect a spouse’s ability to earn money.
  • Supporting career and education: If one spouse helps the other's career or education by moving or taking on more household duties, the court might recognize these contributions.
  • Personal sacrifices: Courts might think about personal sacrifices made for the marriage, like putting off personal goals or education.

Both spouses’ contributions to the household matter

Courts aim for fairness and balance in their decisions, including decisions about alimony. They recognize the different ways spouses contribute to their household. Understanding these factors can help people know if alimony might be part of their finances after divorce.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[How can courts prevent exploitation in guardianships?]]> https://www.haganfamilylaw.com/?p=47632 2024-11-05T22:59:57Z 2024-11-05T22:59:57Z Guardianships help protect people who can't make decisions for themselves. Sadly, sometimes guardians take advantage of those they are supposed to protect. Courts need to take steps to prevent this abuse and keep the rights of those under guardianship safe.

More frequent court reviews

Courts can improve oversight by having more regular reviews of guardianships. Yearly or twice-yearly check-ins give the court a chance to make sure the guardian is doing their job properly. Frequent reviews help create accountability and let the court fix problems quickly.

Require financial reports

Making guardians submit financial reports can help prevent the misuse of money. Guardians should provide detailed records showing how they spend the ward's money. Judges and auditors can check these reports to make sure guardians aren't using the money for themselves. Proper financial oversight can reduce the risk of abuse.

Use third-party visits

Visits from social workers or other appointed representatives can also improve oversight. These visits allow another person to observe the relationship between the guardian and the ward and spot any warning signs. Reports from these visitors help the court decide if the ward is getting the right care and if the guardian is acting in the ward's best interest.

Educate guardians about their responsibilities

Education programs can help stop abuse before it starts. Courts can require guardians to take training courses that explain their duties and ethical responsibilities. When guardians fully understand their roles, they are less likely to abuse their power. Training should cover the rights of the ward, the importance of managing money properly, and the consequences of misconduct.

Encourage community reports

Courts can also encourage family members, neighbors, and others in the community to report any concerns about a guardian. Having a clear and anonymous way to report issues helps people feel safe speaking up, which can help the court step in before serious harm happens. By taking these actions, courts can better protect vulnerable individuals and make sure guardianships work as they are supposed to. Staying watchful and ensuring accountability are key to building trust and preventing abuse in guardianship situations.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[Can you relocate out – of-state with children post – divorce?]]> https://www.haganfamilylaw.com/?p=47631 2025-06-02T20:08:38Z 2024-08-09T22:00:48Z Relocating out of state with children after a divorce can present complex legal challenges. It affects both the parent’s and child’s lives significantly and requires careful consideration of legal implications.  Understanding the legal requirements and potential consequences is necessary before making such a decision.

Legal requirements for relocation

In Delaware, a custodial parent must seek permission from the court and tell the other parent as soon as they know they want to move out of state with their children. The parent wishing to relocate must demonstrate that the move is in the best interest of the child. Courts will evaluate factors such as the reasons for the move, the impact on the child’s relationship with the other parent, and how the move may affect the child's emotional and educational needs.

Impact on custody arrangements

Relocating out of state can lead to significant changes in existing custody arrangements. If a parent moves, it may become challenging to maintain the current visitation schedule. The court may need to modify the custody arrangement to ensure that the non-relocating parent can still maintain a meaningful relationship with the child. This could result in reduced visitation time or longer periods during school vacations.

Consequences of unauthorized relocation

Attempting to relocate without proper legal approval can lead to serious legal consequences. The court may order the parent to return the child to the original jurisdiction and could also consider modifying custody to favor the non-relocating parent. The relocating parent may also face contempt of court charges, which could further complicate their custody rights.

Considerations before relocating

Before deciding to relocate, parents should consider the emotional and developmental needs of their children. The move should not only benefit the parent but also be in the best interest of the child. Consulting with a family law attorney can help ensure that all legal procedures are followed and that the parent’s and child’s rights are protected. Relocating with children after a divorce requires careful planning. Making informed decisions can prevent complications, protect parental rights, and help you navigate the challenges of relocation smoothly.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[Understanding the differences between sole and joint custody]]> https://www.haganfamilylaw.com/?p=47630 2024-05-09T16:03:22Z 2024-05-09T16:03:22Z Sole Custody Sole custody in Delaware grants one parent primary responsibility for making significant decisions regarding the child's welfare. This includes educational, medical and religious choices. The custodial parent also has physical custody, meaning the child primarily lives with them. The non-custodial parent, who cannot make decisions for the child, usually has visitation rights unless the court deems them unfit. Courts grant sole custody when it serves the child's best interests. Parental neglect, substance abuse, domestic violence or serious mental health issues can lead to the court awarding sole custody. In this arrangement, one parent gains full decision-making power to reduce potential conflicts.

Joint Custody

Joint custody is the preferred arrangement and divides responsibilities between both parents. Joint legal custody allows both parents to make significant decisions about their child's upbringing. Joint physical custody enables the child to spend significant time living with each parent, usually following a set schedule. Effective communication and cooperation between parents are necessary for joint custody. This arrangement helps the child maintain a meaningful relationship with both parents, providing emotional stability and reducing the effects of the separation. Courts will deny joint custody if one parent exhibits abusive behavior or has serious difficulty cooperating with the other. Sole and joint custody each offer unique benefits and challenges. Delaware courts consider the family's situation to find the best arrangement for the child's well-being. Understanding these differences helps parents advocate for a custody plan that prioritizes the child's needs and supports a positive, healthy environment.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[Common myths about child guardianship]]> https://www.haganfamilylaw.com/?p=47628 2024-02-07T02:33:51Z 2024-02-09T02:32:41Z Biological parents always get custody Contrary to popular belief, the court does not automatically favor biological parents in custody cases. The primary concern is the child's well-being, and judges base their decisions on factors like stability, emotional support and the ability to provide a safe environment.

Guardianship is permanent

Guardianship is not necessarily a lifelong commitment. It can be temporary, especially in cases where biological parents have to address specific issues that temporarily hinder their ability to care for their children. The court’s goal is to reunite families when possible.

Guardianship is only for orphans

Guardianship is not limited to children without living parents. In many cases, parents may grant guardianship voluntarily due to personal or financial challenges. This arrangement allows children to receive the care and support they need while parents work through their difficulties.

Only close relatives can be guardians

While courts often consider close relatives, they may appoint guardians outside the immediate family. The key criterion is the ability to provide a stable and loving environment. Judges may also consider friends or individuals with a strong connection to the child.

Guardianship and adoption are the same

Guardianship and adoption serve different purposes. Guardianship is a legal relationship that grants certain rights and responsibilities but does not terminate parental rights. Adoption is a permanent legal arrangement that severs biological ties and grants full parental rights to the adoptive parents. Understanding the truth about child guardianship is important for informed decision-making. Dispelling these common myths ensures that individuals involved in the process have a clear understanding of their roles and responsibilities, ultimately benefiting the well-being of the children in their care.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[5 things to consider when divorcing after retirement]]> https://www.haganfamilylaw.com/?p=47626 2024-01-19T20:45:29Z 2024-01-23T20:45:20Z 1. Splitting retirement assets One of the biggest financial challenges of later-life divorce is figuring out how to divide retirement savings and pensions fairly. This often requires insight from an accountant or financial advisor to understand all of the options and ramifications. According to U.S. News & World Report, the average retirement account balance for Americans aged 65-74 is $426,070.

2. Health insurance changes

Health insurance is another area that will likely require adjustment post-divorce. It may affect Medicare enrollment timing and costs. Consider your available options carefully as you come to your settlement agreement.

3. Housing transition

Deciding who gets to stay in the marital home and who has to move can be emotional. Downsizing or relocating altogether is often required for one or both spouses after divorce. You also need to consider factors such as income, age and health.

4. Estate plan updates

With divorce comes the need to revise estate planning documents like wills, trusts and beneficiary designations on retirement accounts. This ensures assets go to the intended recipients and avoids unwanted disputes down the road. An estate planning attorney can handle the revisions.

5. Tax implications

The division of marital assets due to divorce can trigger taxes and penalties if not done properly. Work with a tax professional to minimize the negative tax consequences. Rules around alimony, home sales and retirement account withdrawals can be especially tricky. Divorce after retirement brings unique challenges. With some forethought, you can achieve the fair outcome you desire.]]> On Behalf of The Law Office of Shauna T. Hagan, LLC <![CDATA[Deciding the house in a divorce]]> https://www.haganfamilylaw.com/?p=47624 2023-11-22T01:40:57Z 2023-11-22T01:40:57Z Understanding equitable distribution The principle of equitable distribution guides the division of property. This means the fair but not necessarily equal division of marital assets, including the family home. The court considers various factors to determine what is fair, including the spouse's contributions and needs.

Separate and marital property

To decide who gets the house, it is important to distinguish between separate and marital property. Separate property typically includes assets acquired before the marriage, inheritances or gifts received individually. The marital property encompasses assets acquired during the marriage. The family home often falls into this category.

Contributions and economic circumstances

Courts consider each spouse's contributions to the marriage when deciding on property distribution. This includes both financial contributions and non-financial contributions, such as homemaking or childcare. Additionally, the economic circumstances of each spouse play a role in determining who gets the house. If one spouse has a higher need for housing due to factors like custody arrangements or financial stability, they may be more favored in the property division. Even with the state having a lower divorce rate in 2022 at 2.6 divorces per 1,000 population, dissolving a marriage is the only solution for some couples. When the divorce involves a home, understanding the elements of asset division can help couples navigate the process with clarity and a focus on achieving a fair outcome.]]>