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. Each separation agreement is different, and each couple has different needs and desires for the result of their separation. At Raffaele Puppio, we understand the delicate balance between the desire to preserve your marriage and your need for personal space. Our experienced team of family lawyers has years of experience in establishing separation agreements in Delaware County. We will work with you and your spouse during this worrying time to reach a fair agreement that satisfies all parties involved and facilitates reconciliation. Parents are not prevented from entering into contracts to help their children, but they must not, by agreement, prevent the revision of the adequacy of legal assistance to minor children, as agreed by the parents. Only if the parents` contract is compatible with the welfare and best interests of the child can the assistance agreement be monitored. In re Two Minor Children, 3 Storey 565, 173 A.2d 876 (del. 1961). If you and your spouse are going through a difficult time in your marriage but do not want to file for divorce, a temporary separation may be your best option.
Although the law does not require it when a couple chooses a separate life, it is strongly recommended that a separation agreement be entered into when significant assets are threatened or when children are in a relationship. Note: This summary is not designed as a global debate on the law of separation agreements in Delaware, but includes fundamental and other provisions. 3. Same-sex marriage is the law, but same-sex divorce is a bit sticky. Many couples celebrated Delaware`s Civil Union Act of 2012 by holding on to each other, but many were together decades ago. “The longevity of the estate is not represented by the length of the marriage,” says Jill Spevack DiSciullo of Morris James in Wilmington, which is why same-sex spouses should enter into pre-marital arrangements containing common goods before marriage. In the event of a divorce, these agreements recognize the equity of the two partners on the estate. According to Delaware, it is right that in the absence of a separation agreement clause, an adverse change in financial circumstances is not a valid defence for the specific performance of the agreement.
Dumel v. Dumel, Del Ch. , 213 A.2d 859 (1965). If you decide to represent yourself, it is called a “pro se” representation. “Pro se” means “for one`s own name” or “to present oneself.” Representing yourself can take a long time can be difficult and confusing. Please note that even if you are not a lawyer, the family court expects you to follow the same rules and regulations that lawyers must follow. The Court of Justice will not allow you to skip proceedings because you did not know how or when to do anything. The family court will provide you with general information that will guide you throughout the trial.
PLEASE REMEMBER THAT SHORT STAFF CAN`T GIVE YOU LEGAL ADVICE. Court staff cannot tell you how to protect your interests, or you can make recommendations on what to do. Only a lawyer can provide this type of information. If, at some point in the divorce process, you are not sure you are representing yourself, you should speak to a lawyer. Whether you are representing yourself or hiring a lawyer, the process will be quicker if you and your spouse reach an agreement on as many issues as possible before starting the divorce or nullity process.