If you are about to divorce in Delaware, this page contains the information and resources you need to make smart decisions in your situation. It can also help if you are not sure to take the next step and just want a test separation to see if things work. The word “separation,” used in points 1, 3 and 4 above, means that you and your spouse must live separately for 6 months or more before the judge divorces (this is not the case with a divorce based on #2 above). However, you can file for divorce at any time after your spouse`s separation. This does not mean that you must be separated for 6 months before you can file your application just before the divorce is granted.3 Delaware allows spouses to live under the same roof during separation as long as they occupy separate rooms and do not have sex. LEGAL SEPARATION: You and your spouse must be legally separated for 6 months before the divorce. To be considered a separation from marriage, you must not have sex or share a bed unless you are trying to reconcile the marriage. However, spouses may reside separately in the same residence as long as they occupy separate rooms and do not have sex. There are no legal separations in Delaware.

In Delaware, the right of separation is part of the Delaware Divorce and Annulment Act, which allows for an out-of-court settlement of disputes, grants appropriate matrimonial assistance and, finally, dissolves marriages. (a) The State Court of Justice has sole jurisdiction over all legal actions under this chapter. The Court has sole jurisdiction over the constitution, reform, implementation and revocation of agreements between future spouses, spouses and ex-spouses concerning the payment of aid or support, payment of family allowances or medical assistance, the division and distribution of matrimonial and marital debts, as well as any other issues related to marriage, separation or divorce. The Court of Justice has jurisdiction to resolve issues arising from the construction, reform, implementation or termination of an agreement. In this context, the Court applies the legal aspects covered in Chapters 5, 6 and 15 of this title. The Court has and exercises all other powers and powers to assist and act on separate support obligations that the Clerk or the State Court has held to date. 507. Jurisdiction; The residence Procedure: It is Delaware law that, in the absence of a provision in a contrary separation agreement, an adverse change in financial circumstances is not a valid defense for the specific performance of the agreement. Dumel v. Dumel, Del Ch. , 213 A.2d 859 (1965). Note: This summary is not designed as a global debate on the law of separation agreements in Delaware, but includes fundamental and other provisions.

In Delaware, the only reason for divorce is an irretrievable breakdown of the conjugal relationship on the basis of a separation by mutual consent; (i.e., separation due to physical, intellectual or emotional abuse, infidelity, abandonment, substance abuse, imprisonment of more than one year; or a separation due to a mental disorder separation on the part of incompatibility, regardless of the fault of one of the parties. A separation agreement is a legally binding contract signed by spouses, designed to solve the problems of property, debt and child. It can be a very complex and detailed document, depending on the unique situation of the marriage.