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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.

Delaware is an equitable distribution state. This means that the division is not 50-50, which splits everything down the middle, but rather a fair weighting of assets of debts. If one side gets the car, that side may also get the car payments.

To be considered marital abandonment, the person who left has to do so without a justification. For example, if a partner is put in a dangerous situation, this is considered a justification for leaving without the knowledge or consent of the other partner.

Delaware is what is called an ?equitable distribution? state. This means that marital property means all property acquired during the marriage (even if in just one spouse's name) and will not automatically be split 50/50 in a divorce. Instead, the Court will decide what kind of split is ?equitable? or fair.

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.

Separation in Delaware 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.