Terminating a legally recognized marriage is not as easy as it may seem or sound as it involves a lot of legal procedures. Separation or divorce is not a done deal, meaning you cannot just wake up one day and decide to get separated or divorced from your marriage partner, and it happens just like that at that moment. It requires you to fulfill some requirements and follow procedures to be recognized as separated or legally divorced from your married spouse by law.
The legal system that governs legal separation and divorce differs depending on the state, region, or country you are in.
This article will discuss legal separation and a brief divorce in Delaware.
Legal separation in Delaware is an act of separation between a married couple for six months upon filing for divorce. Separation is a requirement in Delaware, where the couple must separate for a given time before a divorce is processed and granted.
Legal separation in Delaware does not necessarily require you and your partner to stay in separate homes or places. The separated couple may live under the same roof provided it is indifferent rooms without any sexual contact or intimacy with each other. Legal separation is only exceptional and omitted where divorce is filed because your partner is aggressive, dangerous, or physically abusive. In such cases, divorce is granted immediately.
There is no procedure to file for legal separation in Delaware as it is not acceptable to the state. Separation in Delaware is only allowed following the decision to get divorced from your partner and is considered the first step towards divorce. Separation is not a means on its own to end your marriage in Delaware.
Delaware is among states such as Pennsylvania, Louisiana, Florida, and several others in America that do not recognize separation procedures. As much as Delaware does not recognize separation, it is allowed before divorce is granted. Some benefits accompany separation compared to when you are divorced from your partner. According to Delaware, you are still married to your partner and still qualify to enjoy marital rights. The following are some of the advantages of legally separating in Delaware:
As much as there are benefits from staying separated before divorce is granted, some disadvantages come with the idea. The following are disadvantages of legal separation in Delaware:
Legal separation and divorce are two completely different things in Delaware. Separating legally is just separation, but you will still be married to your spouse and qualify for the aforementioned benefits. At the same time, divorce means complete termination of the marriage with no marital benefits reaped from each other as a divorced couple. For a divorce to be approved, you need to provide the state of Delaware with valid reasons why you want to get a divorce, and the process kicks off with legally separating as the first step. In Delaware, legal separation is not a process on its own but part of the divorce procedure.
Legal separation is a difficult, cost-effective procedure. It involves fees paid to attorneys for consultation and guidance on all legal separation and court fees for states that allow legal separation filings. In Delaware, no expense is incurred by the courts as a filing fee as legal separation in the state is not recognized. For consultation and guidance from a highly experienced attorney on matters such as whether the separation agreement drawn favors you or not, you shall suffer a cost. An affordable attorney for separation in Delaware range between 500- and 1500 US dollars.
It might not be necessary to have an attorney to assist you with the whole separation matter as it is not complicated in Delaware. Still, it is important to have the expertise of a legal professional guiding you, especially while the terms and conditions of the separation are drawn.
Upon legally separating and eventually divorce, other issues such as child custody and child support emerge in the case where the separated couple has a child or more.
In Delaware, upon the parents' separation for the given six months, the courts make sure to make decisions for the child based on what is in the child's best interest. Upon divorce, the couple might have their fair share of the child where both have a say in the child's well-being through joint physical custody.
Suppose both parents fail to come together and agree to have joint custody. In that case, the parents receive a preliminary injunction order dictating that the child should remain within the state of Delaware, and parents are advised to agree on how to parent.
According to Delaware child custody laws, in cases where one parent is incompetent, irresponsible, or suffers from a mental disorder that is untreated due to denial and is harmful to the child, the other parent is identified by the court as the primary caregiver of the child and makes most of the decisions for the child independently.
According to Delaware law, child support is provided by both parents based on their monthly income and is shared among the child's important needs.
Trial separation allows the married couple to separate in response to the requirements of the state of Delaware for six months before filing for divorce. It is a must requirement by Delaware state law that the trial separation must and should last for a minimum period of 6 months before the divorce process kicks off. During this period, the married couple is provided with the opportunity to reconsider whether to stay married.
A separation agreement is a settlement between two married individuals who have decided to separate to divide jointly owned properties and share duties such as child support, payment of debts, and other responsibilities in legal separation and divorce. A separation agreement is drawn to ensure each party is satisfied with the conditions upon separation, either through legal separation or divorce.
Even though legal separation may not be filed independently in Delaware, it is considered a step toward divorce, and a separation agreement is important for both parties. The following are ways to prepare a separation agreement recognized by the state of Delaware:
All state Approved Forms
Help Starting Over
Marriage Settelment Agreement
Simple Divorce Interview
Court Approved Forms
Forms Completed Online
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