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FAQ

Couples who are separated, whether informally or legally, are still married in the eyes of the law, regardless of how independent their lives have become. This means that if either spouse has a sexual relationship with another person during the separation period, they have probably committed adultery.

How long does a divorce take in Delaware? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final.

Delaware does not recognize legal separation as a process to terminate a relationship.

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.

Delaware is a no-fault state, and a divorce will be granted if it is irretrievably broken and reconciliation is improbable. Adultery may the reason you choose to end your marriage, but the court will not consider evidence that your spouse was cheating for purposes of deciding whether to grant the divorce.

In Delaware, spouses must be separated for six months before they can legally be divorced. Incompatibility and marital misconduct are the most commonly cited reasons for divorce, says Curtis Bounds, head of family law at Bayard in Wilmington.

A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse's job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.

There is no legal provision for a legal separation in Delaware.Delaware defines separation as living separately for six or more months before the filing for divorce. Delaware permits spouses to live under the same roof during a separation as long as they occupy separate bedrooms and do not have a sexual relationship.

Delaware Request To Proceed Without A Hearing (word template)

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Is it adultery to date while separated?

How long does an uncontested divorce take in Delaware?

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Can you date while separated in Delaware?

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