Marital Legal Separation and Property Settlement Agreement Adult Children Parties May have Joint Property or Debts where Divorce Action Filed - Delaware 2025

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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.
In the State of Delaware, Separation is defined as living separately for six or months before filing for divorce.
Or maybe youre already living apart from your spouse. Either way, youll want to know how separation affects your legal and financial rights and responsibilities. There are three basic types of separation: trial, permanent, and legal. With all three types, youll still be legally married.
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.
Bottom line: The difference lies in the permanence of your decision to split up. Reasons to ask a judge for a legal separation, as opposed to a divorce, include finances, religion, and benefits (eg, health insurance).
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Generally, separate property is: Anything you earned or owned (or a debt) from before you married or after you separated. Anything you buy with separate property or you earn from separate property. Gifts or inheritance (to one of you) even if it was given or inherited when you were married.
Delaware divorce law requires the equitable sharing of all marital property. That means the court will examine a series of factors such as financial and domestic contributions, length of the marriage, and earning capacity, in determining how much marital property each party will retain.
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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