Delaware Annulment Questionnaire

State:
Multi-State
Control #:
US-Q1002
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an annulment matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

You can file for an annulment if you can prove any of the following grounds: Either spouse was unable to consent to the marriage when the ceremony was performed because of: mental illness; incapacity; or.

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.

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.

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.

Marital abandonment is a legal term that means one spouse has moved out of the house without the knowledge or consent of the other partner with the intention to leave the marriage. To be considered marital abandonment, the person who left has to do so without a justification.

What are the grounds to file for divorce in Delaware? voluntary separation, which you both agreed upon; separation caused by your spouse's misconduct; Note: The misconduct must be so destructive to your marriage that you cannot reasonably be expected to continue being married to him/her.

Contrary to popular belief, Delaware is not a ?50/50 State? and the Court may divide the marital assets and debts in any equitable manner.

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Delaware Annulment Questionnaire