ATTENTION DELAWARE WORKERS DISPLACED BY COVID-19. If you are paying or receiving child support or alimony and your income has been affected by the loss of employment and/or hours due to the fallout from the COVID-19 outbreak, you may be entitled to a modification of your alimony or support obligation. Modifications are not retroactive and the Family Court will not adjust your Order automatically; you must file a petition with the Family Court seeking a modification. Our family law attorneys are ready to assist you in filing a petition to modify your support and/or alimony order. Please call 302-358-2679 and ask to speak with our family law staff to set up a consultation.

Handling Your Legal Services With Close Attention And Personalized Care
Handling Your Legal Services With Close Attention And Personalized Care

Discovering Your Legal Options When Child Abandonment Occurs

A prospective client once called to say: “My husband packed up and moved out, abandoning my kids and me. Can he be charged with abandonment? What can I do?”

The answer is that you were not abandoned, by any legal definition, but that the action could have significant consequences. Delaware is a no-fault divorce state, which means that you only need to state that the marriage is irretrievably broken and that there is no likelihood of reconciliation. Any of the following meet the definition of irretrievably broken:

  • Voluntary separation
  • Separation caused by your spouse’s misconduct
  • Separation caused by your spouse’s mental illness
  • Separation caused by incompatibility

If your spouse has left you, you may want to file for separation and divorce, to protect yourself against financial actions your spouse may take that will affect you. You will likely want to file a petition for custody of the children and another for payment of child support.

Wilmington Child Abandonment Attorneys

When you have questions like this, you need to discuss them with a competent, sympathetic family lawyer like Jennifer Mensinger, Rachelle Cutrona, or Jennifer Ellsworth-Aults. It is difficult, in the midst of family turmoil, to have a clear understanding of what lies ahead. Our attorneys are sensitive to this uncertainty, and can explain what happens next and what your options are.

New Castle County Spousal Abandonment Attorneys

Family law problems deserve superior representation. Call the Wilmington child abandonment attorneys at Poole, Mensinger, Cutrona & Ellsworth-Aults, at 302-358-2679 or contact us by email. First consultations at Poole, Mensinger, Cutrona & Ellsworth-Aults, are offered at a discounted rate. We accept Visa, Mastercard and Discover.