Delaware Legal Separation

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the

Separation agreement is a general term used to describe a written contract that spouses enter into to address some or all issues arising from their marital separation.Therefore, if a spouse refuses to sign a separation agreement, the other spouse cannot force the unwilling spouse to do so.

Delaware custody laws don't prescribe a certain age where a child's preference matters. Instead, a judge will weigh a child's preference according to the unique circumstances of your case. Some Delaware judges have interviewed children as young as six about their desires regarding custody.

1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.

In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

13 ANSWERS The child can not dictate who he or she will live with. You will need to have your child's preferences considered through a Guardian ad Litem.

Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm. If you fail to obtain advice from a lawyer, the separation agreement will be unenforceable.

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

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.