Digital Media

Delaware Family Law & Trial Practice Blog
Join Leslie and other Wilmington-based Fox Rothschild litigators as they navigate through Delaware’s Family Court, Superior Court and Court of Common Pleas, providing analysis on matters, identifying new cases and developments, detailing the implications of court decisions and offering step-by-step commentary of the trial process.
View Blog

Delaware Chancery Law Blog
The Delaware Court of Chancery is widely considered the preeminent forum for resolving disputes involving the internal affairs of the multitude of Delaware corporations and other business entities through which a vast amount of the world's commercial affairs is conducted. Join Leslie as she helps guide you through the complex landscape of legal issues and analysis arising before this Court.
View Blog

Alternative Dispute Resolution: A Cost-Effective Solution

Recent Blog Posts

  • Summer Is Coming – It’s Not Too Late To Plan for Summer Camp 123rf.com For many children the best part of summer is summer camp. Camps can provide the opportunity to learn everything from computer skills to surfing.  And, as the saying goes, summer camp is the place where strangers become friends and friendships last forever. For many divorced or separated parents, planning to send a child to summer camp requires additional consideration in order to coordinate schedules.  To that end, many custody orders provide timelines for discussing plans or selecting contact weeks.  Under the current Delaware Contact Guidelines,  the... More
  • The Possible Impact Of Medicaid Expansion On “Medical Divorce” “Medical divorce” is a term coined some years ago to describe a divorce obtained for medical reasons. More specifically, according to a recent article by George Diepenbrock, researchers defined “medical divorce” as an instance where one partner becomes diagnosed with a degenerative disease, such as early onset dementia. The couple could drain its assets, including retirement savings, to pay for treatment. However, some couples instead choose to divorce to shield one person’s assets. The sick partner would eventually qualify for Medicaid. A... More
  • Tax Time Is Here Again – Divorcing Couple May Have Some New Issues To Consider Divorcing couples may face a number of questions at tax time.  Prior posts on this blog have highlighted some issues that are worth mentioning again: Tax Issues And Divorce Divorce And Taxes – Did You Change Your Name? Tax Time Is Here Again – Did You Plan Ahead? Name Changes Can Affect The Processing Of Your Federal Tax Return ******************* Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203,... More
  • Pet Custody – Is It Gaining Momentum? Alaska recently enacted legislation authorizing judges to consider the well-being of animals and to allow judges to assign joint custody of pets. The Providence Journal has reported that Rhode Island is now considering similar legislation. Representative Charlene Lima recently introduced a bill that would require judges to consider the best interests of pets when deciding who gets custody of them in a divorce. The First State is generally pet friendly. In fact, the Animal League Defense Fund ranked Delaware 15th in... More
  • Court Appointed Special Advocate Program Will Join The Office Of The Child Advocate John F. Kennedy said “children are the world’s most valuable resource and its best hope for the future.”  He was right.  In Delaware, volunteer attorneys or volunteer advocates have the privilege of representing our most valuable resource in Family Court proceedings through the Office of the Child Advocate and the Court Appointed Special Advocate Program.  Senate Bill 188, which was passed by the General Assembly, will bring both programs under one office.   Specifically, This bill transfers the Court Appointed Special Advocate Program to the... More
  • Update – E-Filing Change For The Court Of Common Pleas The Court of Common Pleas has postponed the move of its E-Filing services.  That Court’s E-Filing services are currently available through the eFlex system but  will soon be provided through the File and Serve Delaware system. The transition, which was scheduled to take place on March 1, 2017, will now take place on April 2, 2017. More information on training and access to the system can be found here. ********* Leslie Spoltore is an attorney with the law firm Fox Rothschild LLP.  Leslie practices in... More
  • Fail To Comply With Discovery At Your Own Risk The recent decision in the case captioned R.S. v. W.E., Del Fam. Ct., No. CN10-05981, Kerr, J. (Jan. 4, 2017), warns Family Court litigants that failure to comply with discovery can have consequences. In this case, R.S. (“Wife”) was seeking (among other things) alimony. Leading up to the hearing date her ex-husband, W.E. (“Husband”) issued discovery asking for the production of documents. Husband asked for documents related to her income. In addition, he asked for an updated list of her... More
  • Pet Custody – Will It Be The New Trend? There is no dispute; going through a divorce can be difficult. For some, coming home to a wagging tail is just what the doctor ordered on those stressful days. What happens to your pet in a divorce? As a prior post explained, pets are considered personal property in Delaware. If the owners cannot agree on what to do, the court can award the family pet to one party or the other. Recognizing that pets are more like family members than furniture for many,... More
  • E-Filing Change For The Court Of Common Pleas The Court of Common Pleas has announced a change to the Delaware State Court’s E-Filing system. The Court of Common Pleas will be moving its E-Filing services from its current eFlex system to the File and Serve Delaware system on March 1, 2017. The announcement, which contains information on training and support, may found here. ********* Leslie Spoltore is an attorney with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203,... More
  • The New Year’s Resolution Of Divorce As 2017 draws near many people start to consider their resolutions, promises to themselves, of things they want to accomplish in the next 12 months.  Eric Solotoff, a Partner in our Roseland, New Jersey office recently authored an interesting post entitled “The New Year’s Resolution Divorce.”  The topic, which seems to resonate with readers, examines the phenomenon of spouses who add filing for divorce to their “to do” list for the new year. ************************** Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP.  Leslie practices in Fox... More
  • Court Issues Sanctions In The Case Of In Re Shawe & Elting LLC The Court of Chancery recently issued its latest decision in the contentious case captioned In re Shawe & Elting LLC.  This decision addresses Elizabeth Elting’s motion seeking the imposition of sanctions against Philip Shawe.  After conducting a hearing on the request, the Court found, clear evidence adduced at the sanctions hearing establishes that Shawe acted in bad faith and vexatiously during the course of the litigation in three respects: (1) by intentionally seeking to destroy information on his laptop computer after the... More
  • Delaware Supreme Court Denies Request For Writ Of Mandamus, Prohibition, Or Certiorari A matter recently decided by the Delaware Supreme Court addressed a petition seeking the issuance of a writ of mandamus, prohibition, or certiorari.  Matter of Philip R. Shawe, No. 673, 2015 (Jan. 22, 2016).  The petition, filed by Philip R. Shawe (“Shawe”), sought a writ that would direct the Court of Chancery to vacate an order which compelled Shawe to return certain privileged documents.  It was Shawe’s contention that the order issued by the Court of Chancery violated his First... More
  • Delaware Supreme Court Adopts Rules To Govern Arbitrations Conducted Pursuant To The Delaware Rapid Arbitration Act By Order dated June 17, 2015, and in accordance with Section 5804(a) of the Delaware Rapid Arbitration Act, the Delaware Supreme Court adopted Rules to govern arbitrations conducted pursuant to that Act.  The Rules, which may be viewed here, become effective on June 22, 2015. _____________ Leslie Spoltore is a Partner with the law firm Fox Rothschild LLP.  Leslie practices in Fox Rothschild’s Wilmington, Delaware office.  You can reach Leslie at (302) 622-4203, or [email protected]... More
  • Implementation of the Delaware Rapid Arbitration Act The Delaware Supreme Court and the Court of Chancery have each amended their Rules to implement the Delaware Rapid Arbitration Act.  The announcement of these amendments provides, Amendments to the Delaware Supreme Court Rules and the Court of Chancery Rules Related to the Delaware Rapid Arbitration Act To implement aspects of the recently-enacted Delaware Rapid Arbitration Act, 10 Del. C. § 5801 et seq. (“DRAA”), the Delaware Supreme Court and the Court of Chancery have amended their rules. These amendments are... More
  • Supreme Court Addresses Motion To Dismiss On May 6, 2015, the Delaware Supreme Court heard oral argument on two cases that presented the same question: “In an action for damages against corporate fiduciaries, where the plaintiff challenges an interested transaction that is presumptively subject to entire fairness review, must the plaintiff plead a non-exculpated claim against the disinterested, independent directors to survive a motion to dismiss by those directors?”  The Court responded in the affirmative stating, “A plaintiff seeking only monetary damages must plead non-exculpated claims against... More