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Divorce Lawyer Delaware

Divorce Lawyer DelawareDivorce Lawyer DelawareDivorce Lawyer Delaware
Home
Data Policy
Divorce in Delaware
Property Division
Child Custody
Moving and Custody
QDRO in Delaware
Alimony in Delaware
Divorce Settlements
Enforcing Your Agreement
Child VIsitation Delaware
Protection From Abuse
Frequent Questions
Delaware Parenting Class
Simple Delaware Divorces
Modify Delaware Custody
  • Home
  • Data Policy
  • Divorce in Delaware
  • Property Division
  • Child Custody
  • Moving and Custody
  • QDRO in Delaware
  • Alimony in Delaware
  • Divorce Settlements
  • Enforcing Your Agreement
  • Child VIsitation Delaware
  • Protection From Abuse
  • Frequent Questions
  • Delaware Parenting Class
  • Simple Delaware Divorces
  • Modify Delaware Custody
  • Home
  • Data Policy
  • Divorce in Delaware
  • Property Division
  • Child Custody
  • Moving and Custody
  • QDRO in Delaware
  • Alimony in Delaware
  • Divorce Settlements
  • Enforcing Your Agreement
  • Child VIsitation Delaware
  • Protection From Abuse
  • Frequent Questions
  • Delaware Parenting Class
  • Simple Delaware Divorces
  • Modify Delaware Custody

Your Delaware Property Division Lawyer

Property Division in Family Court New Castle County

  

To obtain the court's assistance in dividing the property or debts, you must make the claim Property Division prior to being divorced. Typically, this is done in the divorce petition or the Answer and or Counterclaim but can be done by Motion. The Delaware Family Courts divide the parties’ Marital Property. Not everything a Husband or Wife Owns is Marital Property. 13 Del. C.  Sec. 1513 defines Marital Property as " all property acquired by either party subsequent to the marriage except:
(1) Property acquired  by individual spouse by inheritance, trust or gift (except gifts between spouses);
(2) Property acquired in exchange for pre marital property;
(3) Property Excluded by Agreement ( prenuptial etc...);
(4) the increase in value of premarital property.


 

   In determining how  Delaware Family Court  will divide the property, they examine the parties Rule 16 c Financial reports , often use a Wright Chart ​and apply the 11 factors in Delaware Code Sec, 1513(a) which includes:(1) The length of the marriage;(2) Any prior marriage of the party; (3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; (4) Whether the property award is in lieu of or in addition to alimony; (5) The opportunity of each for future acquisitions of capital assets and income; (6) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife; (7) The value of the property set apart to each party; (8) The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live; (9) Whether the property was acquired by gift, except those gifts excluded by paragraph (b)(1) of this section; (10) The debts of the parties; and (11) Tax consequences.

 

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    There are terms that are used that are used Ancillary Financial Disclosure Form, AFDR, Pretrial, 52D, QDROS, Wright Chart, two list method as if they are common, everyday language. They are not.  You should consult with a Delaware Family Law Attorney. Call Gary R. Spritz, Esquire at (302) 655-0900 for a low cost initial appointment or email me at garyspritz@garyspritz.com..

Gary R. Spritz, Esquire  Delaware Divorce Lawyer serving Wilimington Newark Middletown Hockessin Cla

Your Delaware Divorce Lawyer for Wilmington Delaware and All New Caslte County

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