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.
Uncontested Divorce
Q: If I file for divorce and it is uncontested will I need to go Court? 
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.
Q: If I move to a different state, where can I 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.
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.
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.
Q: How often can I ask for a child support increase?
Continue reading “How often can I ask for a child support increase?”
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.
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.
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.
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?”