Engagement rings 
Q: Do I have to give my engagement rings back to my ex-husband?
A: No. The engagement ring was a premarital gift.
If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.
Year: 2015
How often can I ask for a child support increase?
Q: How often can I ask for a child support increase?
Continue reading “How often can I ask for a child support increase?”
Can I sue my husband’s mistress for breaking up our marriage?
Husband Mistress 
Q: Can I sue my husband’s mistress for breaking up our marriage?
A: There is no longer an action for Alienation of affections in Delaware. I am not aware of any cause of action for breaking up a marriage.
If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.
Am I able to use my husband’s infidelity against him in court?
Q: Am I able to use my husband’s infidelity against him in court? If so, how? 
A: Delaware is a no fault divorce state. Our statute is clear that property shall be divided without regard to marital misconduct. Generally, infidelity is a form of misconduct and the only benefit to filing under that ground is that you can finalize the divorce without waiting for six months of separation.
If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.
My ex pays child support, but does not visit the kids. Can I make him visit?
Q: My ex and I have been separated for about a year. He pays child support, but does not visit the kids. Can I make him visit?
A: There is no Court remedy for a parent who refuses to visit his children. The Court can order visits but if the parent chooses to miss the visits there is nothing the Court can do.
If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.
I bought a house prior to the marriage will I lose equity during the divorce?
House and Divorce
Q: I’m filing for divorce, I bought our home prior to the marriage and it is still in my name only. Would my wife be entitled to any of the equity in this property? Continue reading “I bought a house prior to the marriage will I lose equity during the divorce?”
If I file for divorce will I need to pay spousal support/alimony?
Q: I’ve been married to my wife for 16 years. She was a stay at home mom for most of our 
marriage. If I file for divorce will I need to pay spousal support/alimony for her? If so, for how long?
A: It is highly possible that wife may be awarded support/alimony for some period of time. She would have to prove that she is dependent upon husband for support. The time of the award would not exceed 8 years, which is half of the time the parties were married.
If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.
Gonser and Gonser, P.A. – Firm Introduction
Choosing an Attorney
Choosing an Attorney to represent you in your divorce is not a “one size fits all,” journey. The best way to determine if your choice is appropriate is to meet with as many Attorneys as it takes in order to feel comfortable sharing your information. Continue reading “Choosing an Attorney”
How is child support calculated?
How to calculate child support 
Q: How is child support calculated?
A: Delaware utilizes a predefined formula to calculate child support called the Melson Formula. Both the mother’s and father’s income as well as certain deductions (although not all) are taken into consideration in the formula. Once all entries are completed, the formula calculates a support obligation. The formula along with instructions can be found on the Family Court website.
If you want answers to your questions and/or concerns call 302-478-4445 to set up a consultation.