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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.
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.
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.
Although California does not have a required separation period or trial separation period, it does have a waiting period for a divorce. While you may file for divorce as soon as you want, you must still wait 6 months before your divorce is final.
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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In general, it is almost impossible to overturn an agreement after its already signed. There are certain situations where an addendum can be drafted that modifies the original agreement, and those can completely take the place of the first agreement. But theres a catch the opposing party will have to agree to sign.
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.
Generally, the court considers the length of the marriage, the age, health, income, education, and needs of each party. Either spouse may be awarded alimony for up to a period equal to half the length of the marriage; however, there is no time limit for marriages lasting 20 or more years.
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.
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.

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