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Do keep good financial records

In a divorce case, parties are typically required to complete a financial disclosure form listing all income, assets, debts, and expenses. Additionally, parties often must provide financial records spanning several years before the divorce. Maintaining organized financial documentation and producing it on time will help you reduce legal fees, enable you and your divorce attorney to better negotiate a divorce settlement, and, if necessary, be better prepared for divorce court or trial proceedings.

Do communicate clearly, concisely, and respectfully with your ex

Your written communication will be scrutinized in child custody cases. Important matters related to co-parenting, such as child exchanges, activities, and school events, need to be discussed and confirmed. Communicating clearly, concisely, and respectfully will help resolve custody disputes, avoid unnecessary arguments, and present yourself favorably to Family Court judges.

Do take care of yourself

Divorce and separation are stressful processes. Don’t make it harder by neglecting your physical, emotional, and mental health. Your well-being can be considered in any contested custody case. Make sure to prioritize self-care, therapy if needed, and maintaining a healthy routine.

Don’t sign anything without seeking legal counsel

Once signed, agreements are legally enforceable—whether they are fair or unfavorable. Always consult a family law attorney to understand your legal rights before signing any documents related to child custody, alimony, property division, or financial settlements.

Don’t move out of the family home without considering the consequences

Moving out can result in paying expenses for two households and may impact your standing in custody disputes. Speak with your attorney before making any major decisions about property or living arrangements.

Don’t engage in heated arguments with your ex

Confrontations can lead to your ex filing a Protection from Abuse (PFA) petition, which may result in serious consequences such as removal from your home, temporary custody being granted to your ex, or court-ordered child support and spousal support (alimony).

Author Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

In divorce cases, it is difficult to protect assets. Property acquired during the marriage, regardless of title, is generally subject to equitable distribution in divorce cases. However, spouses are not powerless in protecting their marital and non-marital assets.

First, spouses can sign a pre-nuptial agreement (also known as a prenuptial contract or premarital agreement) prior to marriage. Through a pre-nuptial agreement, a spouse by contract can opt out of the default divorce laws, including those regarding the classification of marital property, spousal support, and/or alimony. A pre-nuptial agreement can also waive an elective share, which is a state-mandated award of property to the surviving spouse from the decedent spouse’s estate. These agreements are especially important for high net worth individuals or those entering a second marriage.

Second, if an asset was acquired through a non-marital source such as a gift, inheritance, or exchange of non-marital property, a spouse seeking to protect those assets should keep them separate from jointly titled assets and other marital assets. This is because commingling an otherwise non-marital asset with marital assets will cause the non-marital asset to be reclassified as marital and thereby subject to division during divorce proceedings.

Third is to document the origin and source of the assets. Parties in divorce cases are often required to document their financial accounts, real estate holdings, business interests, and debts. Poor documentation can lead a Court to draw adverse inferences, and the burden of proving that an asset is non-marital typically falls on the party who holds the asset. Proper documentation is critical in family law litigation, especially in complex divorce and asset division cases.

At MacElree Harvey, we have helped countless spouses and spouses-to-be protect their assets before, during, and after divorce. If you have questions about how we can help you with asset protection, estate planning, or family law matters, please contact us.

Contact Patrick J. Boyer
Family Law Attorney | MacElree Harvey
Direct: 302‑504‑7294