What is a wife entitled to in a divorce in Delaware?

Delaware is what is called an ?equitable distribution? state. This means that marital property means all property acquired during the marriage (even if in just one spouse's name) and will not automatically be split 50/50 in a divorce. Instead, the Court will decide what kind of split is ?equitable? or fair.

US Legal Forms
Divorce Papers & Forms
Delaware Discovery Interrogatories for Divorce Proceeding for either...

Delaware Divorce Process

Q: What happens after divorce papers are filed Delaware?

Once you&#039;ve prepared and filed your divorce papers, they have to be &quot;served on&quot; (delivered to) your spouse. The court clerk will prepare a summons, which notifies the other spouse about the divorce. The clerk then sends the summons and petition to the county sheriff for service. (Del.

Category:

Family Law - Divorce - Discovery - Interrogatories

State:

Delaware

Control #:

DE-021B-D

Format:

Instant download

Description

This is a sample form of interrogatories for the Plaintiff in a Divorce action to ask the Defendant. It also includes a request for production of documents. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case. Includes Notice of Service of Interrogatories for filing with the court.

Last Will and Testament for a Widow or Wid...

View this form

A02 Qualified Domestic Relations Order

View this form

Agreement for Delayed or Partial Rent Paym...

View this form

Revocable Trust for Child

View this form

Agreement for Assignment and Sale of Partn...

View this form

Sample Letter for Thank You to Pastor

View this form

Mutual Disclaimer by Spouses of Interest i...

View this form

Sample Joint Venture Agreement regarding t...

View this form

How to fill out Delaware Discovery Interrogatories For Divorce Proceeding For Either Plaintiff Or Defendant - Another Form?

Accessing legal templates that comply with federal and regional laws is essential, and the internet offers numerous options to pick from. But what’s the point in wasting time looking for the appropriate Delaware Divorce Process sample on the web if the US Legal Forms online library already has such templates gathered in one place?

US Legal Forms is the biggest online legal library with over 85,000 fillable templates drafted by attorneys for any professional and life situation. They are simple to browse with all papers grouped by state and purpose of use. Our professionals keep up with legislative updates, so you can always be sure your form is up to date and compliant when getting a Delaware Divorce Process from our website.

Obtaining a Delaware Divorce Process is fast and simple for both current and new users. If you already have an account with a valid subscription, log in and download the document sample you need in the right format. If you are new to our website, follow the guidelines below:

Examine the template using the Preview option or through the text outline to ensure it meets your requirements.
Locate another sample using the search tool at the top of the page if necessary.
Click Buy Now when you’ve found the correct form and select a subscription plan.
Register for an account or log in and make a payment with PayPal or a credit card.
Select the best format for your Delaware Divorce Process and download it.

All templates you locate through US Legal Forms are reusable. To re-download and complete previously saved forms, open the My Forms tab in your profile. Enjoy the most extensive and simple-to-use legal paperwork service!

Form popularity

FAQ

Delaware is what is called an ?equitable distribution? state. This means that marital property means all property acquired during the marriage (even if in just one spouse's name) and will not automatically be split 50/50 in a divorce. Instead, the Court will decide what kind of split is ?equitable? or fair.

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.

Once you've prepared and filed your divorce papers, they have to be "served on" (delivered to) your spouse. The court clerk will prepare a summons, which notifies the other spouse about the divorce. The clerk then sends the summons and petition to the county sheriff for service. (Del.

Filing for Divorce in Delaware Without a Lawyer Couples going through an uncontested divorce process can terminate their marriage with little or no help from an attorney. For example, to save money and time on attorney's services, spouses can use Delaware divorce online services.

Trusted and secure by over 3 million people of the world’s leading companies

Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form

Note: This summary is not intended to be an all-inclusive summary of discovery law in Delaware, but does include basic and other information.

Definitions

Discovery: A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.

Interrogatories: Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.

Deposition: A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.

Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Delaware Rules of Civil Procedure

Delaware has adopted the Delaware Rules of Civil Procedure for Superior Courts. These provisions contain rules governing discovery. The discovery rules also apply in divorce actions.

Discovery Methods: Parties may obtain discovery by one or more of the following methods: depositions upon oral examinations or written questions, written interrogatories, production of documents or things or permission to enter upon land or other property, physical and mental examinations, and requests for admission. Rule 26(a)

Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 26(b)

Experts: A party may through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial. Rule 26(b)(4)

Sequence and Timing of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 26(d)

Supplementation of Responses: A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to information acquired, except as follows: the party is under a duty seasonably to supplement his response with respect to a question concerning the identity and location of persons having knowledge of discoverable matters and the identity of each person expected to be called as an expert witness at trial. A party is also under a duty to amend a prior response if the party knows the response was incorrect when made or he knows the response though correct when made is no longer true. Rule 26(e)

Discovery Conference: At any time after service of the summons, the court may direct the attorneys for the parties to appear before it for a conference on the subject of discovery. Rule 26(f)

Depositions

Before Whom Depositions May Be Taken: Within the United States or within a territory subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States, or the place where the examination is held, or before a person appointed by the court in which the action is pending. Rule 28(a)

If the deposition is taken in a foreign country, it is proper to take the deposition on notice before a person authorized to administer oaths in the place in which the examination is held, or before a person commissioned by the court, or pursuant to a letter rotary. Rule 28(b)

Stipulations: Unless the court orders otherwise, the parties may by written stipulation provide that depositions be taken at any time, any place, and upon any notice. Rule 29

Interrogatories

Any party may serve upon another party written interrogatories to be answered by the party served. Each interrogatory shall be answered fully in writing and under oath. Rule 33

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 34

Physical and Mental Examination of Persons

When the mental or physical condition (including the blood group) of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or control. Rule 35

Requests for Admission

A party may serve upon any other party a written request for the admission, of the truth of any matters within the scope of Rule 26.02 set forth in the request, including the genuineness of any documents described in the request. Rule 36

Compel Discovery

A party, upon reasonable notice to the other parties may apply for an order compelling discovery. If a party refuses to allow inspection or fails to answer a question propounded or submitted under Rule 30 or 31, the discovering party may move for an order compelling an answer. Rule 37

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant - Another Form

Note: This summary is not intended to be an all-inclusive summary of discovery law in Delaware, but does include basic and other information.

Definitions

Production of Documents: The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.

Requests for Admissions: Written questions where you request the other party to admit or deny some relevant fact.

Objections: Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.

Civil Procedure Rules: Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.

Delaware Rules of Civil Procedure

Delaware has adopted the Delaware Rules of Civil Procedure for Superior Courts. These provisions contain rules governing discovery. The discovery rules also apply in divorce actions.

Scope: Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action. Rule 26(b)

Experts: A party may through interrogatories require another party to identify each person whom the other party expects to call as an expert witness at trial. Rule 26(b)(4)

Sequence and Timing of Discovery: Unless the court orders otherwise, methods of discovery may be used in any sequence. Rule 26(d)

Discovery Conference: At any time after service of the summons, the court may direct the attorneys for the parties to appear before it for a conference on the subject of discovery. Rule 26(f)

Depositions

Stipulations: Unless the court orders otherwise, the parties may by written stipulation provide that depositions be taken at any time, any place, and upon any notice. Rule 29

Interrogatories

Any party may serve upon another party written interrogatories to be answered by the party served. Each interrogatory shall be answered fully in writing and under oath. Rule 33

Production

Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 34

Physical and Mental Examination of Persons

Requests for Admission

Compel Discovery

Domestic Actions Discovery Notes

If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.

Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.

Delaware Divorce Process

Description

Viewed forms

How to fill out Delaware Discovery Interrogatories For Divorce Proceeding For Either Plaintiff Or Defendant - Another Form?

Form popularity

FAQ

What is a wife entitled to in a divorce in Delaware?

How long does divorce process take in Delaware?

What happens after divorce papers are filed Delaware?

Can you file for divorce online in Delaware?

Trusted and secure by over 3 million people of the world’s leading companies

Delaware Divorce Process

Description

Viewed forms

How to fill out Delaware Discovery Interrogatories For Divorce Proceeding For Either Plaintiff Or Defendant - Another Form?

Form popularity

FAQ

What is a wife entitled to in a divorce in Delaware?

How long does divorce process take in Delaware?

What happens after divorce papers are filed Delaware?

Can you file for divorce online in Delaware?

Delaware Divorce Process Related Searches

Trusted and secure by over 3 million people of the world’s leading companies