Author: Drew Gonser

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

Posted by Drew Gonser on with 16 Comments

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?

Posted by Drew Gonser on with 13 Comments

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?

Posted by Drew Gonser on with 21 Comments

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?

Posted by Drew Gonser on with 10 Comments

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?

Posted by Drew Gonser on with 18 Comments

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.

Am I able to use my husband’s infidelity against him in court?

Posted by Drew Gonser on

Q: Am I able to use my husband’s infidelity against him in court? If so, how? Infidelity

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.