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States that follow a community property model almost always split community property assets evenly between the spouses, in a 50/50 split. Delaware, however, is not a community property state, and is one of the 41 states that follows the equitable distribution model.
How to deal with divorce when you dont want it?
Furthermore, before you file for divorce, you and your spouse must be legally separated.
Do you have to have a separation agreement before divorce?
You should know that even if you live in a state that requires living apart before divorce, that does not mean that you need to get a legal separation (which isnt even an option in all states). Learn more about the requirements to file for divorce in your state.
Can you get divorced without being separated first?
In the US, they usually arent done simultaneously. You can file for divorce without filing for a legal separation. If you want a legal separation, you would file for that before filing for a divorce.
Do you have to be separated before divorce in Delaware?
Furthermore, before you file for divorce, you and your spouse must be legally separated. Under Delaware law, in order to be legally separated, you can still be separated if you live in the same house so long as you do not share the same bedroom with your spouse or have sexual relations with your spouse.
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If you have been married for 20 years or longer, there is no limit to how long you can receive alimony. However, under Delaware law if you were married for less than 20 years, you cannot collect alimony for more than 50% of the length of the marriage.
Related links
divorce | Wex | US Law | LII / Legal Information Institute
A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces.
Divorce/Annulment - Family Court - Delaware Courts
If you are seeking a divorce or annulment from a marriage, you must file the Petition for Divorce/Annulment in the county where either you or your spouse lives.
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