Practical Tips

When can I start dating?

DDBMost couples who are going through a divorce are interested in knowing when they may begin bringing another person into the picture.  This is especially important when there are young children involved.  The ideal situation would be of course to discuss this with your spouse and come up with a mutual agreement that would work for both parents. Continue reading

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5 Reasons I Wish My Parents Would Have Divorced

25731329-unhappy-siblings-sitting-in-kitchen-with-their-parents-who-are-arguing-loudly-at-home

It happens all the time. He’s unfaithful. She needs to decide whether to leave him or stay for the sake of the kids. Marriage is not easy. But, as someone who lived through this as a kid, let me tell you this: staying for the sake of the kids is the WORST thing you can do for the kids. Here are five reasons why: Continue reading

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In the View of Gain, Think of Righteousness

prenupSanette Tanaka, in a recent Wall Street Journal article, “Nothing Says Love Like a Prenup,” stated the most common topic in a prenuptial agreement (“prenup”) is the increase in value of separate property.  This usually pertains to the increased value of real estate.  In Delaware, this increase in value can be considered marital property, subject to division, even if it was (or still is) owned entirely by one spouse prior to the marriage.  Continue reading

Categories: Articles by Gonser and Gonser Attorneys, Divorce, Practical Tips, Prenuptial Agreement, Property Division | Leave a comment

Your one-stop location for all Delaware Divorce Forms

formThis is your one-stop location for all Delaware Divorce Forms.  Delaware Family Court has made it simple for pro-se litigants to fill out these forms in an easy to use format.  Ensure that you have the appropriate forms filled out and ready before filing with the Family Court.  Continue reading

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What is the difference between an annulment and a divorce? What are the grounds to file for an annulment in Delaware?

8-19-13What is the difference between an annulment and a divorce? What are the grounds to file for an annulment in Delaware?

If you get your marriage annulled, it basically means that (legally) the marriage “never happened.“  When filling out forms, for example, if the forms ask if you were married before, you can say “no.”  If you get a divorce, this recognizes that the marriage was a legal marriage and it was dissolved (or ended) by a divorce. Continue reading

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SIX MONTH STATUTORY SEPARATION REQUIREMENT

yes no maybeThere is a six month statutory separation requirement prior to the Court ordering the parties divorced. This is because the Court wants to encourage reconciliation whenever possible. Continue reading

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Rolling in Ecstasy

listening and talkingIt’s no secret that the key to a strong marriage is the ability to listen to your spouse.  One marriage counselor even recommends that periodically spouses take the time to simply listen to their spouse without comment or response except a simple “I’m sorry” or a “Thank you.”  Continue reading

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Parenting Class Requirement

parenting classIf there are minor children involved, the Court shall order the parties to pay for and participate in a parenting course. Typically, these courses are designed to educate parties on how to educate themselves when it comes to dealing with their children and the divorce process. Continue reading

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Elements of a Closing Argument

in conclusion

If you have to go to Court for your divorce matter, you should be prepared.  The Judges may allow you time after you have presented your evidence and testimony to make a closing argument.  A closing argument should always be structured and the most successful ones contain certain specific elements.

Continue reading

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Non-Marital vs. Marital Property

property division 2In some cases, there are items of property that will be separate property of one spouse, and thus not subject to equitable distribution. Predictably, the allocation between marital and separate property can become a very contentious issue. Certain types of property are usually accepted as separate: Continue reading

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Financial Aspect of Your Divorce

holding documents

Always keep in mind if your divorce claim includes ancillary matters, you will most certainly be asked for a great deal of financial information.  Here are some documents that you should have handy to provide to your divorce lawyer or the Court: Continue reading

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Dealing with your spouse during the divorce.

Divorce tends to bring out the worst in people. Self-interest apparently justifies deceptions and outright lies that would be intolerable to nice people in ordinary times. Self-protection requires a new set of guidelines for dealing with your legal adversary: Continue reading

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Suggested guidelines for parents in separation and divorce actions.

These suggestions are to help you and/or your children in this time of mental stress and emotional strain.

1. Think first of your child’s or children’s present and future emotional and mental well-being before acting. This will be difficult because of your feelings, needs, and emotions but try, try, try. Continue reading

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Useful Glossary of Terms

ACTION — the legal term for a lawsuit.

AFFIDAVIT  —  A written statement of facts made under oath and signed before a notary public.

AGREEMENT  — A transcribed or written resolution of the disputed issues. Continue reading

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Common questions you may ask yourself when going through your divorce process.

Most individuals have the same fears and questions. People also hold beliefs about the legal process in a divorce or about the behavior of the people involved that are not accurate . . . we call these myths.  Here are the most common questions that clients may ask, followed by other favorites and their answers. Continue reading

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