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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.

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.

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. Some of the grounds of misconduct include: physical, mental or psychological abuse, adultery and desertion.

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.

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.

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.