Year: 2015

We’ve moved!

We’ve moved to our new Wilmington Office. Same address, different building.

Concord Plaza, SPRINGER Building, Suite 203
3411 Silverside Road
Wilmington, DE 19810
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Can I terminate his parental rights?

I am a single mom with a child.  I have not heard from my child’s father in over a year.  Can I parental rightsterminate his parental rights?

Although there are some exceptions, generally the Court will terminate the rights of one parent unless there is someone (i.e. a step parent) ready to accept those parent rights through a subsequent adoption.

If you want answers to your questions and/or concerns call 888-648-2929 to set up a consultation.

#AskDrewThursday #GonserLaw  #StatewideLawfirm #DelawareFamilyLaw

If my ex owes back child support could he go to jail?

Child Support Debt child support debt

Q: If my ex owes back child support could he go to jail?

A: In Delaware, after someone has been found in contempt of Court three times for failure to pay child support they face the possibility of incarceration.

If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.

 

#AskDrewThursday

How do I go about getting a divorce if I can’t find my ex?

Q: My husband and I have been separated for 5 years, I haven’t heard or know about his whereabouts.  How do I go about getting a divorce?

A: Delaware rules permit you to file an affidavit that an address is unknown.  A notice that the petition has been filed will then be published in the newspaper.  After that publication the process will proceed accordingly.

If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.

If I file for divorce and it is uncontested will I need to go Court?

Uncontested Divorce

Q: If I file for divorce and it is uncontested will I need to go Court? uncontested divorce

A: No, the Delaware Family Court rules permit a divorce petitioner to request that the divorce be heard without a hearing.  Basically, you will receive the divorce decree in the mail.  This is for the granting of the divorce only.  This does not include property division, alimony or other ancillary matters.

 

If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.

If I move to a different state, where can I file for custody?

Q: If I move to a different state, where can I file for custody? file for custody

A: Delaware, like all 50 states, has adopted the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).  This is the law that governs where custody disputes may be filed.  Generally, custody petitions may be filed in the “home state” of the child, which is defined as the state where the child has lived for the 6 months immediately preceding the filing.

If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.

HOW DO I KNOW MY MARRIAGE IS OVER?

marriage overMarriage Over

People often ask for a marker as to when a marriage is clearly over.
This is a difficult question since people have different styles of communication and what signals work for some people do not work for others.  Although there is no way of predicting the end of a marriage, it may be helpful to look at the signs and try to answer the following 4 questions: Continue reading “HOW DO I KNOW MY MARRIAGE IS OVER?”

If my car is under my husband’s name, but I’ve made all the payments. Can he take it from me after our divorce?

Car and Divorce car and divorce

Q: If my car is under my husband’s name, but I’ve made all the payments.  Can he take it from me after our divorce?

A: In Delaware, all assets (and debts), regardless of how they are titled, are considered marital and subject to division provided they were obtained during the marriage.

If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.