Marital Legal Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately - Delaware 2025

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Yes, you can date other people while you are legally separated in Delaware. However, it is important to remember that you are still technically married until the divorce is final.
A legal separation does not terminate the marriage; the parties are still married to each other. It is possible to get a legal separation and never be divorced. This requires the consent of both spouses. In the USA every jurisdiction has a ``no fault divorce that can be obtained even if only one spouse wants it.
(c) All property acquired by either party subsequent to the marriage is presumed to be marital property regardless of whether title is held individually or by the parties in some form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
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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The word separation used in numbers 1, 3, and 4, above, means that you and your spouse must be living separate and apart for six or more months before the judge will grant a divorce; this does not apply for a divorce based on number 2 above.
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.
Advantages of Legal Separation It gives couples time to think about their relationship without making any rash decisions. They can use this period to work on personal issues, attend counseling, or simply take time to decide if divorce is right for them.

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