Delaware Divorce Laws
Delaware divorce laws regarding property distribution
As per the laws of this state, the Court does not give importance to any marital misconduct while distributing the marital property between the partners. The Court considers the following issues –
- The duration of marital life
- If any partner has a previous marriage
- The needs, liabilities, estate, employability, vocational skills, sources of income, amount of income, health and age of the partners
- Effects on tax
- Debts of the partners
- If any property was attained as a gift
- The financial condition of the partners when the property division would become effective
- The wish of one partner to award the family home or the right to reside in it for a reasonable span of time to another partner along with whom any children of the marriage would also reside
- The dissipation or contribution of the marital estate by each partner inclusive the contribution of each partner as a wife, husband or homemaker
- The possibility of any partner having acquisitions of income or capital assets in the future
- If the award of property is being given in addition to or in lieu of spousal support
Delaware divorce laws regarding alimony
After overseeing the following issues, if the Court reaches a decision that one of the partners is a dependent party, then alimony may be awarded.
- If the partner is not able to support self by means of proper employment
- If the partner is the custodian of a child and it is apt that the partner should not seek employment due to the circumstances or conditions of the child
- If the partner has a dearth of sufficient property, inclusive of the award due to property distribution made by the Court and is unable to provide the reasonable requirements of life
- If one partner is dependent on the other for support and after the entry of decree of divorce or annulment, the other partner is not obligated to offer the support
The Court takes into account the following factors while deciding the amount of alimony.
- If any party has postponed or foregone any employment, education or economic chances during the marital life
- Consequences of tax
- The capacity of one party to meet the self needs while offering maintenance to the other
- Any sort of contribution made by one party to the earning capacity, career, vocational skills, training or education of the other party
- The emotional situation, physical condition and age of both partners
- The span of marital life
- The standard of living enjoyed during marital life
- The period and expenditure needed by the partner requesting alimony to attain enough education or training in order to be suitably employed
- The capacity of the partner requesting alimony to fulfill the self needs independently inclusive of the financial resources like separate or marital property
- Any issues that the Court feels are just and correct to think upon
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