Category: Gonser and Gonser

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.

 

 

 

 

My ex pays child support, but does not visit the kids. Can I make him visit?

Posted by Drew Gonser on with 17 Comments

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.

If I file for divorce will I need to pay spousal support/alimony?

Posted by Drew Gonser on with 1 Comment

Q: I’ve been married to my wife for 16 years. She was a stay at home mom for most of our alimonymarriage. 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.