In addition to their broad legal experience, divorce attorneys in Delaware are knowledgeable about the specific laws regarding divorce. These attorneys have the expertise and experience necessary to effectively handle complex divorce cases, which may include business, tax, and commercial law issues. They are skilled at drafting prenuptial and separation agreements that avoid future litigation. These attorneys are knowledgeable about the division of property and know-how to properly advocate for their client’s interests in child custody and visitation cases.
No-fault divorce
Whether you’re getting divorced because of the fault of one party or because of infidelity, Delaware’s no-fault divorce law can help. Delaware’s laws require that any property and debts be divided equitably. The courts will take into consideration the spouses’ current and future earnings and will give the better-off spouse less. Spousal support, also known as alimony, is also a factor. If you or your partner has accumulated assets before your marriage, you should write a premarital agreement detailing these assets. It will also acknowledge the equity of each partner in the estate.
Because Delaware has no-fault divorce laws, your divorce can be granted even if you were not at fault. While many states are moving towards no-fault divorce, some states are still developing the concept. In Delaware, divorce lawyers must be able to prove that the marriage is irretrievably broken. In addition, the spouses must have separated for at least six months to qualify for a no-fault divorce.
Property division
When hiring divorce attorneys in Delaware, you’ll want to consider the nuances of property division. While most states have a 50/50 rule, Delaware is not one of them. Dividing assets and debts are up to the Family Court. The division of property will take into account many factors, including how much each spouse contributed to the marriage and how long they were married. Your attorney will help you sort through these factors and determine what kind of division will be best for you.
The law in Delaware is based on an equitable distribution formula. In other words, all property and debt acquired during the marriage is marital property. Although the court may not always agree on a 50/50 split, the courts will make sure that each party gets their fair share. However, if a couple’s property is entirely separate from each other, the court can still make a decision based on their needs.
Child custody
If you are thinking about getting divorced or divorcing and need to decide on child custody, it is important to seek the advice of a qualified attorney. Delaware divorce and child custody laws require that each parent make a plan for the child’s upbringing and welfare. The best interest of the child is the primary consideration when making child custody decisions. Delaware courts recognize shared residential custody and joint legal custody. Joint legal custody means that each parent has an equal share of responsibility for the child’s upbringing.
In cases where the children have experienced domestic violence, supervised visitation may be required. Visitation centers are available throughout Delaware for supervised visitation. When a parent wishes to gain custody of their child, the process begins with a Petition for Custody, in which the parent explains why he or she is in the best interests of the child. The other parent has twenty days to file an Answer to the petition. In addition to a petition for custody, the parent who files the petition must also complete a mandatory Parent Education Class.
Visitation agreements
When working out custody and visitation agreements, you need the help of an experienced attorney. Delaware courts base their decisions on what’s in the child’s “best interest” and try to limit the disruption to the child’s education, home life, and positive relationships. In most cases, the best outcome for the child is frequent and consistent access to both parents. If mediation is unsuccessful, the court will assign custody to one parent, and the other will receive the child.
In Delaware, the law requires that parents enter into mediation regarding child support and child custody issues. While fathers and other family members have made progress in this area, they still face significant challenges. The most important thing to remember is that a Delaware visitation agreement should place the interests of the child first, and not the interests of one parent over the other. If the parents disagree, an agreement will be filed stating that the parents must attend a Parent Education Class together.
Alimony
You may need the services of divorce and alimony attorneys in Delaware if you are seeking a favorable outcome in your case. Under Delaware law, alimony awards are limited to half of the length of the marriage, or five years if the marriage lasted 20 years or more. The only exceptions to this are remarriage or cohabitation, or the death of either spouse. If you have children, you should consult with an attorney before filing for divorce and alimony.
The first step in alimony cases is assessing marital debt. You may be surprised to learn that you and your spouse share a secret debt. By assessing your marital finances, you can build a solid financial foundation for the future. Additionally, Delaware courts do not consider morality when awarding alimony. Instead, they base the amount on what each spouse can afford. This is a fair and equitable way to support yourself after the divorce.
