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Delaware
Homestead Declaration following Decree of Legal Separation or Divorce

Delaware Homestead Declaration following Decree of Legal Separation or Divorce

Category:

Real Estate - Homesteads

State:

Multi-State

Control #:

US-02099BG

Format:

Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

If you want to divorce in Delaware, there are a few things you should know: You can choose fault or no-fault grounds. ... You must be separated for six months before filing for divorce. ... Once the divorce decree is issued, one spouse will have to submit property division requests and financial reports within 30 days.

Separation in Delaware There is no separate ?legal separation? provision in our state. However, spouses wishing to live apart but not necessarily divorce can negotiate a Separation Agreement in Delaware. Generally, in this case, spouses are in agreement regarding the ending of the marriage.

How long until the divorce can be granted? The Court will not proceed with the divorce process until you and your spouse have been separated for at least 6 months, unless you are filing for divorce on the grounds of misconduct.

Separation agreements can determine how property will be divided, what level of spousal support will be provided, and other matters. Unlike most states, however, Delaware does recognize separation as a distinct legal status.

In the State of Delaware, Separation is defined as living separately for six or months before filing for divorce. There is no separate ?legal separation? provision in our state. However, spouses wishing to live apart but not necessarily divorce can negotiate a Separation Agreement in Delaware.

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.

In Delaware, marital assets and property are not necessarily split evenly. Instead, assets are split equitably, which means many factors will be considered when dividing property, including each spouse's contribution to the marriage, child custody, lifestyle and the length of the marriage.

Legal separation in Delaware is a process where a couple can live apart while still being legally married. During a legal separation, the spouses are still responsible for each other financially and are not allowed to date or have sexual relations with other people.

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