Delaware Divorce Legal Questions

If you cannot serve your former spouse because he is out of the country, you can complete service by publication. And, certainly, if you are in the market for an Attorney to assist you with this, I welcome you to give me a call. This message is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately reply to this message or notify us by telephone at 262.789.2741 and delete the message.... Read More

More than likely you are still married to your husband. The fact that he may have married someone else later does not effect the status of your marriage. It would help if you could track him down, the courts like personal service in divorce cases. The Internet is a great place to start. Goggle his name. The services of a private detective are often used to locate a missing spouse. If you know his social security number do a search on the social security death benefit web site you may discover that you are widow. If none of the above are helpful, you can file a motion with the court to allow service by publication. Normally the courts will allow service by publication only as a last resort. Be patient, you will get divorced.... Read More

In Washington State all property separate and community are before the Court in a dissolution of marriage. The fact that your husband signed a quick claim deed, will help establish to the Court that your father's home is your separate property. Separate property is normally property you brought into the marriage or property you acquired during the marriage by gift or inheritance. As long a community property funds were not spent on your separate property, most likely the court will attempt to return that property to you. I recommend that you talk to a family law attorney to discuss this matter further.... Read More

See California Family Code 2641 - (A) Community Contributions To Education Or Training As Used In This Section Means Payments Made (a) Community contributions to education or training as used in this section means payments made with community or quasi-community property for education or training or for the repayment of a loan incurred for education or training, whether the payments were made while the parties were resident in this state or resident outside this state. (b)Subject to the limitations provided in this section, upon dissolution of marriage or legal separation of the parties: (1)The community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party. The amount reimbursed shall be with interest at the legal rate, accruing from the end of the calendar year in which the contributions were made. (2)A loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division pursuant to this division but shall be assigned for payment by the party. (c)The reimbursement and assignment required by this section shall be reduced or modified to the extent circumstances render such a disposition unjust, including, but not limited to, any of the following: (1)The community has substantially benefited from the education, training, or loan incurred for the education or training of the party. There is a rebuttable presumption, affecting the burden of proof, that the community has not substantially benefited from community contributions to the education or training made less than 10 years before the commencement of the proceeding, and that the community has substantially benefited from community contributions to the education or training made more than 10 years before the commencement of the proceeding. (2)The education or training received by the party is offset by the education or training received by the other party for which community contributions have been made. (3)The education or training enables the party receiving the education or training to engage in gainful employment that substantially reduces the need of the party for support that would otherwise be required. (d)Reimbursement for community contributions and assignment of loans pursuant to this section is the exclusive remedy of the community or a party for the education or training and any resulting enhancement of the earning capacity of a party. However, nothing in this subdivision limits consideration of the effect of the education, training, or enhancement, or the amount reimbursed pursuant to this section, on the circumstances of the parties for the purpose of an order for support pursuant to Section 4320. (e)This section is subject to an express written agreement of the parties to the contrary. Enacted by Stats. 1992, Ch. 162, Sec. 10.... Read More

If your question is do the parties have to pay a penalty to share the 401K, the answer is maybe. If one party wants to withdraw the money as cash, then that party will have to pay the taxes/penalties. If the party does not want cash, the money can be rolled over into an Individual Retirement Account or other qualified plan as a 1031 transfer without incurring the penalty or paying taxes.... Read More

Any police officer, or agency that comes into contact with him or court personnel too, can have him taken into custody to respond to the bench warrant. The court where the warrant was issued should have records of that warrant. However, if it was the prosecuting attorney that issued the pick up warrant it may not be in the court's system. You will want to contact the prosecuting attorney to find out. If you contact the county sheriff, they will require him to present himself in person with ID before the tell him if a warrant exists or not. If there is one, they will take him into custody. If he posted bail on the underlying cause of action for the hearing he missed, the bail would have been forfeited. You can contact the bail clerk to see if a warrant was issued under those circumstances.... Read More

You need to research the county records where you or your spouse lived at or near the time you think a divorce action was started. if you haven't completed a divorce yourself, you need to search court records to find out if your spouse has done so. If you never received a notice of entry of judgment of divorce you probably are not divorced.... Read More

You can obtain a dissolution or legal separation without her consent. You need only to serve her with the petition and then proceed with a default judgment if she refuses to participate. You should consult a family law attorney or facilitator to assist you to be sure everything necessary for a judgment is included in your petition.... Read More