What is the process of filing?

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What is the process of filing?

Once I file, then what? Divorcing a wife in DE.

Asked on December 7, 2010 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am assuming that you have the ability to file for divorce in Delaware inmeeting all the residency requirements.  Once you file the petition for divorce then it has to be served upon your spouse.  Once properly served your spouse has a certain number of days in which to respond to the Petition and to file an answer.  If she does not respond then you can move to take a default against her.  A default allows you to proceed to get divorced (just divorced) but generally speaking courts will not decide any other issues such as distribution of assets, etc.  If she answers then the matter proceeds through the discovery process or settlement process.  Each state has certain specific requirements and some require mediation prior to trial, etc.  I would suggest getting legal help here.  Good luck.


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