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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.
If the parties are not living in the same household, they are considered to be living apart. However, even if they are in the same household, it does not stop them being considered living apart if they lead completely separate lives.
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.
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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Delaware is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
The state of Delaware is strict about laws related to permanent alimony. To be eligible for this type of alimony, marriages must have lasted at least 20 years. But in marriages shorter than 20 years, the awards may not last longer than half of the length of the marriage.
Marital settlement agreements, also known as divorce settlement agreements, marital termination agreements, separation agreements, or stipulations of settlements, are written contracts between divorcing spouses of their responsibilities and rights after divorce. Once formed, both parties are legally bound to them.
In Delaware, the timing of a divorce is as follows: First there must be a separation of at least 6 months. After that, because most divorce proceedings are uncontested no fault the divorce can occur within 2-3 weeks, once jurisdictional requirements are met.
The state of Delaware is strict about laws related to permanent alimony. To be eligible for this type of alimony, marriages must have lasted at least 20 years. But in marriages shorter than 20 years, the awards may not last longer than half of the length of the marriage.

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