Delaware Divorce Laws

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The divorce laws are based on the guidelines provided by the Federal laws. There are some modifications according to the state requirements. The law provides legal advice on various matters related to a legal separation. These matters include property division and spousal maintenance. Also, the issue of child custody and child visitation is handled by these laws.

Delaware divorce laws regarding property distribution

Property distribution is one of the vital aspects of divorce. If the partners fail to agree on the distribution of assets, the court issues orders to solve the matter. For division of assets, marital property that is earned during the period of marriage is taken into consideration. The assets gained by inheritance or gifts are considered under personal property. As per the laws of this state, the Court does not give importance to any marital misconduct while distributing the marital property between the partners. The Court considers the following issues:

  • The duration of marital life
  • If any partner has a previous marriage
  • The needs, liabilities, estate, employability, vocational skills, sources of income, amount of income, health and age of the partner
  • Effects on tax
  • Debts of the partners
  • If any property was attained as a gift
  • The financial condition of the partners when the property division would become effective
  • The wish of one partner to award the family home or the right to reside in it for a reasonable span of time along with children, if any, from the marriage.
  • The dissipation or contribution made by each partner towards forming the marital estate, this includes the contribution of each partner as a wife, husband or homemaker.
  • The possibility of any partner having acquisitions of income or capital assets in the future
  • If the award of property is being given in addition to or in lieu of spousal support

Delaware is an "equitable distribution" state. It means that the court would divide the property according to the needs and requirements of the parties, though not necessarily in an equal manner. Thus, if the issues are not settled by the partners, the court will issue an order regarding property division by studying all aspects. If the court interferes in the case, a disclosure of all the documents is requested. The parties should disclose all the assets and liabilities in front of the court.

Delaware divorce laws regarding alimony

Alimony is a monitory maintenance provided by one partner to other to survive after a divorce. If the partners disagree on the amount of alimony, the Court after carefully looking at all aspects reaches a decision that one of the partners is a dependent party, then alimony may be awarded. The following aspects are looked upon by the court:

  • If the partner is not able to support self by means of proper employment
  • If the partner is the custodian of a child and it is apt that the partner should not seek employment due to the circumstances or conditions of the child
  • If the partner has a dearth of sufficient property, inclusive of the property obtained after the division, and is unable to lead a reasonable life
  • If one partner is dependent on the other for support and after the divorce or annulment, the other partner is not obligated to offer the support

The following factors is taken into account by the court while deciding the amount of alimony:

  • If any party has postponed or foregone any employment, education or economic chances during the marital life
  • Consequences of tax
  • The capacity of one party to meet self needs while offering maintenance to the other
  • Any sort of contribution made by one party to the earning capacity, career, vocational skills, training or education of the other party
  • The emotional situation, physical condition and age of both partners
  • The span of marital life
  • The standard of living enjoyed during marital life
  • The period and expenditure needed by the partner requesting alimony to attain enough education or training in order to be suitably employed
  • The capacity of the partner requesting alimony to fulfill the self needs independently inclusive of the financial resources like separate or marital property
  • Any issues that the Court feels are just and correct to think upon

These are some of the legal provisions that explain the process in Delaware. The nature and type of separation will decide the steps. Divorce laws are to be followed by every applicant who wants to take a separation in this state.

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