The breakup of a marriage is a difficult and stressful time. Making matters worse are the legal issues. What happens in a divorce? Who gets the house? Who is responsible for our debts? Will I get alimony? And everyone has advice—well meaning, but confusing. You are going through enough. You need a skilled advocate to help you navigate Delaware’s legal landscape for divorce and property division.
Divorce is relatively uncomplicated in Delaware. Once the parties have been separated for six months, a petition for divorce will be accepted by the court. There are exceptions which could allow an earlier filing. It does not really matter which party files. The vast majority of divorces are uncontested and are routinely granted.
Much more complicated is division of the marital assets and debts. With the help of a skilled lawyer, these issues can be negotiated out of court and submitted for a judge’s signature. If the parties cannot work out a settlement, the matter goes to court. There are numerous filings which need to be made by specified deadlines. Delaware is an equitable property state, which means the judge will divide assets and debts according to the following statutory guidelines:
- age, health, and station in life,
- occupation, vocational skills, and employability,
- estate, and amount and sources of income,
- liabilities, debts, and needs,
- opportunity for future acquisition of capital assets and income,
- prior marriages,
If the parties do not settle the matter, a judge will hold a formal hearing and issue an order, which must be followed.
Every situation is different and complicated in its own way. Contact us for a free consultation. We can answer your questions, explain the law, and tell you how the process works. We can help.