What is a wife entitled to in a divorce in Delaware?

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.

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Motion to Modify or Amend Divorce Decree to Provide for Reduction in...

Delaware Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

Category:

Family Law - Divorce - Decrees

State:

Multi-State

Control #:

US-01898BG

Format:

Instant download

Description

A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.

To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

This form is a generic example that may be referred to when preparing such a form for your particular state. This motion can be filed by the plaintiff or the respondent and 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 Motion To Modify Or Amend Divorce Decree To Provide For Reduction In Alimony Due To Involuntary Termination Of Job Or Employment?

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FAQ

Learn more about the types of alimony available in Delaware and how courts decide the final award. If the court has issued a spousal support order, paying alimony isn't optional. If the paying spouse fails to pay, the supported spouse can ask a judge to enforce the court order.

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

Either spouse can file for a no-fault divorce in Delaware. Although some states still recognize fault-based divorce grounds such as fraud, abandonment, or adultery, Delaware is a no-fault divorce state, and does not recognize one spouse's infidelity as grounds for divorce.

A Court may consider: the financial resources of the spouse seeking alimony; the spouse's ability to meet his or her reasonable needs independently; the standard of living established during marriage; duration of the marriage; the age, physical and emotional conditions of both parties; financial contributions made to ...

Here is one way a person can avoid paying alimony by way of a prenuptial agreement. This contract between spouses deals with financial issues in the marriage, and you both sign it before you get married. These agreements place limitations on alimony, or in some cases, may even waive rights to it.

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.

(d) A person shall be eligible for alimony for a period not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there shall be no time limit as to such party's eligibility; however, the factors contained in subsection (c) of this section shall apply and shall ...