The following form is a Property Settlement and Joint Custody Agreement.
Delaware Annulment Property Settlement and Joint Custody Agreement
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FAQ
The child only gets to choose once he turns 18. Before then, the court's order determines placement, custody, and visitation based on the child's best interests. One of the factors the court can consider is the child's wishes, but that is just one factor among...
In shared custody support cases, the Delaware Child Support Formula determines that each parent keeps a portion of the combined support obligation in their own homes. The higher earner pays the lower earner to ensure the children enjoy the same standard of living at both households.
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 parents have joint custody, the custody order will state with which parent the child will live. The parents must talk and make joint decisions on the child's school, religion, and doctors. If I have legal custody, can the other parent take my child? We hope that all parents will follow Court orders.
Delaware divorce law requires the equitable sharing of all marital property. That means the court will examine a series of factors such as financial and domestic contributions, length of the marriage, and earning capacity, in determining how much marital property each party will retain.
Grounds for an Annulment in Delaware One of the spouses lacked the capacity (ability) to consent to marriage because at the time of the ceremony, the spouse was suffering from a serious mental problem or was under the influence of intoxicating alcohol or drugs.
The award of sole legal custody will likely only occur when the non-custodial parent has issues with substance abuse, mental illness, domestic abuse or some other extraordinary circumstance. And, specifically in Delaware, the court will usually prefer to have both parents involved in making decisions for the child.
In Delaware, parents may share physical custody of their child, called joint custody. In these cases, both parents must work together to make decisions about the child's schooling, church attendance, medical care and other legal details. In other cases, the court may grant one parent sole custody of their child.