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Delaware divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse.
You do not have to go to court to get legally separated, if you and the other person agree on the terms on which you are separating. Either way you are still legally married after a legal separation and cannot get remarried unless you have obtained a divorce at a future date.
Separation in Delaware There is no separate legal separation provision in our state. However, spouses wishing to live apart but not necessarily divorce can negotiate a Separation Agreement in Delaware. Generally, in this case, spouses are in agreement regarding the ending of the marriage.
Unlike divorce, a legal separation does not put an end to the marriage, it enables you to live separately but remain married. During the time you are living apart, you have a court order that outlines the rights and responsibilities of each spouse.
In the context of proving irretrievable breakdown in Delaware, a separation means that you and your spouse have lived separately and apart for a minimum of six months before filing for divorce.
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Unlike other states that historically allowed common-law marriages before repealing such legislation, Delaware has never recognized common-law marriage. Instead, state law allows couples who have intentions of living together under a legal arrangement without a marriage license to choose a cohabitation agreement.
12 Steps to Rekindle a Marriage After Separation Take it slowly. Control your anger and blaming. Create healthy boundaries. Identify and work on root issues. Start with occasional dates. Look to the future. Be very honest with yourself right from the beginning. Prioritize your relationship.
Delaware law includes a strong presumption that all property a couple acquires during marriage is marital property, regardless of whether one spouse holds title to the property individually or both hold title in some form of co-ownershipsuch as joint tenancy, tenancy in common or tenancy by the entirety.
Delaware is not a community property state. A judge will decide what is an equitable division of marital property in a divorce if you and your spouse cannot agree. There are specific factors the Court must consider that are set out by statute.
In Delaware, gifts and inheritance are considered non-marital assets, even if you or your spouse acquires them during the marriage.

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