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Divorce Law
Delaware allows 'irreconcilable differences' and 'incompatibility' forms of no fault divorce as well as fault divorce. It is a separate property state. You must live in Delaware for 6 months to obtain a divorce.

Marital Separation Agreements Explained


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Child Custody and Visitation Law
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Child custody decisions are based on the best interests of the child.


Property Division
Delaware is an equitable distribution state. Property is divided according to several factors which include: 1) the contribution of each spouse to the acquisition of the marital property,
including the contribution of each spouse as homemaker; (2) the value of each spouse's personal property; (3) the economic circumstances of each spouse at the time the division of property is to become effective; (4) the length of the marriage; (5) the age and health of the spouses; (6) the occupation of the spouses; (7) the amount and sources of income of the spouses; (8) the vocational skills of the spouses; (9) the employability of the spouses; (10) the estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (11) the federal income tax consequences of the court's division of the property; (12) liabilities of the spouses; (13) any prior marriage of each spouse; (14) whether the property award is in stead of or in addition to maintenance. [Delaware Code Annotated; Title 13, Chapter 15, Section 1513]. Fault is not a factor in the equitable division of property.

 

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Date this web site was last edited: 05/14/2007