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