time for uncontested divorce in De

D

dve1234

New Member
Jurisdiction
Delaware
I have a question about uncontested divorce in Delaware. My fiance has filed divorce form her Ex. She is a foreign citizen but met std in Delaware more than six months. Her ex address is unknown. I know from my own prev divorce, after posted 20 days divorce is "trial ready". Her divorce was posted on the website so should be served by announcement. Is there additional time for respondent when they cannot be located? He is a foreign National, been separated 14 years. No way to check on case without calling, real PIA. I know when mine was trial ready, had to notify EX that I was proceeding without hearing, but her EX address is unknown. Thanks for any input. Wish there was a way to speed things up.
 
If you hold United States citizenship, you'd be wise not to entertain thoughts of marrying a foreign national, especially if said foreigner is in the USA illegally/unlawfully.

Use your brain, intelligence, knowledge,and life experience to make WISE versus FOOLISH decisions founded on lust.

Finally, it is extremely foolish to become involved with anyone that is married. Use your brain, ignore your libido.

Choose wisely, behave appropriately, avoid foolish choices founded on lust.
 
dve1234 said:
I have a question about uncontested divorce in Delaware. My fiance has filed divorce form her Ex. She is a foreign citizen but met std in Delaware more than six months. Her ex address is unknown. I know from my own prev divorce, after posted 20 days divorce is "trial ready". Her divorce was posted on the website so should be served by announcement. Is there additional time for respondent when they cannot be located? He is a foreign National, been separated 14 years. No way to check on case without calling, real PIA. I know when mine was trial ready, had to notify EX that I was proceeding without hearing, but her EX address is unknown. Thanks for any input. Wish there was a way to speed things up.
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He has NOT been served based solely on the information being available on a web site. Your girlfriend should speak to a local attorney about how to do this right.
 
dve1234 said:
I have a question about uncontested divorce in Delaware.
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Before I answer your question, I have one for you: What do you think "uncontested divorce" means?


dve1234 said:
My fiance has filed divorce form her Ex.
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FYI, your "fiance" (or, if you prefer, "fiancé) is the man you intend to marry. A woman you intend to marry is a "fiancée." Also, when you refer to "her ex," I assume you mean her husband.


dve1234 said:
She is a foreign citizen but met std in Delaware more than six months.
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Huh?


dve1234 said:
I know from my own prev divorce, after posted 20 days divorce is "trial ready".
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Again, huh?


dve1234 said:
Her divorce was posted on the website so should be served by announcement.
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I have no idea what website you're talking about or what it might mean to "post" a divorce on a website, but posting something on a website does not constitute service of process.


dve1234 said:
Is there additional time for respondent when they cannot be located?
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Not sure what this question means.


dve1234 said:
He is a foreign National, been separated 14 years.
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Does your fiancée have any reason to believe her husband lives in the U.S.?


dve1234 said:
Thanks for any input.
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Here's the story as best as I can understand it: Fourteen-plus years ago, your fiancée married a guy. They have been separated for 14 years, and she has filed for divorce. However, as a result of being separated for 14 years, she has no current contact information for her husband (who, for all we know, may not even live in the U.S.). Therefore, she has no ability to serve the divorce papers on him.

Is that about right? If so, your fiancée needs to retain the services of an attorney. Trying to deal with this sort of situation without an attorney is not going to go well for her. If she hires a good attorney, she'll be able to get the divorce pushed through with minimal difficulty, but she will have to make some effort to try and locate her husband.
 
Either you or your spouse MUST have lived in Delaware for six consecutive
months before you can file for divorce in this State
form 241 - Affidavit that a Party's Address is Unknown Form (file original and one
copy) filed
Form 421 - Affidavit that a Party's Social Security Number is Unknown filed
army judge said:
If you hold United States citizenship, you'd be wise not to entertain thoughts of marrying a foreign national, especially if said foreigner is in the USA illegally/unlawfully.

Use your brain, intelligence, knowledge,and life experience to make WISE versus FOOLISH decisions founded on lust.

Finally, it is extremely foolish to become involved with anyone that is married. Use your brain, ignore your libido.

Choose wisely, behave appropriately, avoid foolish choices founded on lust.
Click to expand...
lol
"Yes, the Delaware Family Court website posts as service"
(d) (1) When service is to be made upon respondent by mailing and publication, the Clerk of the Family Court shall do all of the following:
a. Send a copy of the summons, petition, and any affidavit to respondent by registered or certified mail, return receipt requested, to the address that petitioner had averred it is most likely that mail will be received by respondent.
b. Cause a notice in the form that the Court approves to be published on a legal notices website established by the Court or once in a newspaper of general circulation in the county where the action is pending.
(2) If petitioner has averred that such petitioner knows of no address where it is most likely that mail will be received by respondent there shall be no mailing.
(3) No further notice shall be required unless the Court, deeming the circumstances exceptional, requires further notice
Posted on the county court website notices counts as service. if respondent cannot be located. He is a foreign citizen, current address unknown.
If the Respondent does not file an Answer within 20 days of receiving the
Petition for Divorce/Annulment OR files an Answer agreeing with your
request for a divorce, the petition is uncontested.
 
The court may approve this method of service after other methods have failed and the serving party must have made a diligent effort to serve using other methods first. It's not just a method the serving party can choose.
 
dve1234 said:
Either you or your spouse MUST have lived in Delaware for six consecutive
months before you can file for divorce in this State
form 241 - Affidavit that a Party's Address is Unknown Form (file original and one
copy) filed
Form 421 - Affidavit that a Party's Social Security Number is Unknown filed
Click to expand...

The lovely state of Nevada is still a very easy state in which to seek a divorce.

Read on, it just MIGHT work for you, too!!!

Divorce Basics

Residency: One spouse (or both) must live in Nevada for at least 6 weeks before filing for divorce. A friend, family member, or co-worker will have to sign an affidavit stating under penalty of perjury that they know that the spouse is indeed a Nevada resident.

Grounds: Nevada is a "no fault" divorce state, which means the person asking for a divorce does not have to prove that anybody did anything wrong to cause the divorce. A person asking for divorce only needs to claim that the parties are "incompatible," meaning you just don't get along.
There are other grounds for divorce that are not used very often. Usually, claiming that you cannot live together as a married couple and that there is no chance of reconciliation is enough for a judge to grant a divorce.

The Divorce Process

There is a Divorce Eligibility Questionnaire you can use to help figure out which type of divorce might be most applicable to your situation.

There are two ways to file for divorce in Nevada.

  1. Filing together: If both spouses agree on everything in their case, they can File For Divorce Together by filing a "joint petition for divorce." These divorces are typically approved quickly, and the parties usually do not have to appear in front of a judge.
  2. Filing alone: If the spouses cannot agree on all the terms of the divorce, one spouse can File For Divorce Separately by filing a "complaint for divorce." The person who files for divorce is the "plaintiff" and the other spouse is the "defendant." The complaint for divorce will say what the plaintiff would like out of the divorce, and the defendant can Respond to the Divorce by filing an "answer and counterclaim" stating what he or she wants. The judge may hold several hearings to sort out the issues, and if the parties do not eventually reach a full agreement to finalize their divorce, the judge will set a trial to decide the matters.
How long will my case take? There is no easy answer to that question since all cases are different. If you and your spouse can agree to most or all of terms of your divorce, a divorce can be finished fairly quickly. If you and your spouse cannot agree on very many things, you may have to go to court several times before the divorce can be finalized.

Should I get an attorney? If you have a simple case, you may be able to do it yourself using the forms and information on this website. If you have a complicated case, you may want to consider hiring an attorney. Visit Find Legal Help for information on how to find a divorce attorney.

What will be decided in the divorce

Many difficult decisions have to be made before a divorce can be finalized. This includes how to divide the property and debts, whether alimony will be awarded, and, if children are involved, how to handle custody, visitation, and child support. Ideally, you and your spouse will be able to agree on some or all of these things. If you cannot agree, the judge will have to make the decisions for you.

Custody, Visitation, and Child Support

If you and your spouse have children under the age of 18, your divorce will include orders regarding legal custody, physical custody, visitation, child support, and insurance for the children. For more information about these complicated matters, please visit the Custody Overview page.

Division of Property & Debt

Nevada is a "community property" state. This means that while you are married, all property and debts you and your spouse acquired are presumed to belong equally to both of you. During a divorce, community property and community debt are equally divided.

Property and debts that typically get divided during a divorce are:

  • Bank accounts
  • Houses and mortgages
  • Household items and furniture
  • Cars and car loans
  • Credit card balances
  • Tax debts
  • Pensions and retirement accounts
  • A business owned by a spouse

FYI!

Generally, any property or debt a spouse owned before the marriage is that spouse's "separate property" and belongs solely to that spouse. Inheritances, personal injury awards, and gifts are also usually considered separate property and are not divided during a divorce. There are exceptions to these general rules. If you are unsure if something is community or separate property, consult with an attorney.

Alimony

In some cases, one spouse may receive ongoing financial support from the other after a divorce. There is no exact formula to figure out whether someone should receive alimony or how much money they should get. Alimony is decided on a case by case basis, but is usually only considered in longer term marriages where there is a large difference in income. To decide alimony, the judge will consider many things, including:

  • How long the marriage lasted and the lifestyle shared by the parties during the marriage.
  • Each spouse's age, health, education, career, and earning ability.
  • One spouse's need for financial support versus the other spouse's ability to pay.
A judge may order "rehabilitative alimony" to help a person obtain job-related education or training. This type of alimony is meant to increase a person's job skills and earning power so they will be able to support themselves after the divorce.

Alimony may last for only a limited amount of time, or it can be awarded permanently. Permanent alimony typically ends when the person receiving alimony remarries or when either of the spouses dies.

If alimony is awarded as part of a divorce, a spouse can ask the court to change the amount of alimony later if circumstances change.

Name Change

If either spouse changed their name due to the marriage, they can ask the judge to change their name back.


HOLD YOUR HORSES, MATE, IT GET$ BETTER!!!!!

State of Nevada Self-Help Center - Overview

selfhelp.nvcourts.gov selfhelp.nvcourts.gov


Go on, dive deeper.


State of Nevada Self-Help Center - Filing the Divorce Papers

selfhelp.nvcourts.gov selfhelp.nvcourts.gov

Happy Divorce and freedom will soon be yours!!!!

Easy does it, mate, don't waste your freedom by hitching up with an anonymous, money grubbing, gold digger!!!!

Think long and hard BEFORE you end up worse off with the NEW Mrs., who's far more devious than one you seek to unhitch today!!!!
 
Well, @dev1234 , since you know it all, what is you question?

I will restate z's question: What do you think "uncontested divorce" means? (Hint: no one can be sure that they have an uncontested divorce until the ink is dry on the decree and no one has contested it.)

I will also point out that post #2 by army judge touches on some very important points, legally (and practically). You are in a relationship with someone who is already married, and a foreign national. Yes, she is separated (physically, if not legally), but my experience and observation is that: 1) separated but not divorced women have not completed legally or emotionally the divorce process, 2) if she does not have a green card, wait for her to get one on her own.
 
dve1234 said:
(d) (1) When service is to be made upon respondent by mailing and publication, the Clerk of the Family Court shall do all of the following:
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Was "a. Send a copy of the summons, petition, and any affidavit to respondent by registered or certified mail, return receipt requested, to the address that petitioner had averred it is most likely that mail will be received by respondent." done?
 

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