When experience matters most…

Family Law

At Curran Law, we understand that a client who contacts us for assistance with a family law matter is in a new and stressful situation. We use our considerable experience in Family Law to help you achieve the best solution possible. We understand the process, the courts, and the many petitions and filings that are required. We use our negotiating skills to allow our clients to work within the system toward the best result for you. We maintain regular communication with our clients in order to minimize your confusion and stress. While we understand that this is a difficult time, we believe your best interests are served by keeping you informed on a regular basis. We are always available to answer your questions and address your concerns.

We provide services for Divorce, Custody, Guardianship, Child Support, and Protection from Abuse.

Divorce

It is important to note that divorce in Delaware is “no fault.” That means that a married person is not required to provide a reason to file for divorce. The courts in Delaware will grant a divorce after the previously married couple has been separated for 6 months. It is equally important to note that a married couple can be “separated” while still living in the same home.

At Curran Law, we work through the divorce process with our clients. We strive to keep the stress related to filings and procedures to a minimum.

Custody

One of the most difficult decisions in the divorce process is child custody. You need an experienced attorney to properly represent your parental rights while taking into account the best interest of your children. The court may award Sole Custody, where the parent with sole custody makes all of the decisions for the child, or Joint Custody, where major decisions regarding the welfare of the children are agreed to jointly by both parents. One parent will have primary residence with visitation by the other parent. This visitation can vary from every other weekend to every other week.

We will help you to work out a solution where your parental rights will be respected.

Guardianship

We can assist you with filing a petition for guardianship for minor children, or opposing a petition filed against you. A guardian may be appointed for numerous reasons, typically associated with the mother and father being unable or unwilling to care for the children. Sometimes their inability will be temporary and sometimes permanent. If the Delaware Department of Family Services believes the parents cannot care for their child, DFS will petition the court to appoint a guardian and the parent has the right to oppose the state at a hearing.

We can advise you of your rights and represent you at the hearing.

Child Support

At Curran Law, we strive to ensure that your Child Support order is fair. It is important to have experienced representation as your child support order will remain in effect for 2 ½ years before it can be changed. If you have an existing Child Support order, and your financial circumstances have changed, we can help you to modify your existing order to reflect your new situation.

In Delaware, child support is calculated based on a formula that includes many factors, some of which are:

  • Income of each parent,
  • Deductions for health insurance premiums,
  • Contributions to retirement plans,
  • Other child support, and
  • The number of overnight visits by the children.

We will help you to achieve a child support solution that reflects the current law.

Protection from Abuse

The law on Protection from Abuse allows the judge or commissioner a great deal of discretion to grant or deny a petition. Under some circumstances, an emergency petition is granted and a hearing is scheduled quickly. Frequently, there are also criminal charges filed when a PFA is requested. At Curran Law, we can help you with this complicated area of the law.