Wilmington Legal Separation Attorneys

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Legal separation in Delaware is a misunderstood concept. There is really no such status. You can't file to be legally separated. And yet it has tactical importance to people deciding to divorce.

Delaware Marital Assets And Debts Lawyers

When you file for divorce, you are asked to allege a date of the separation. By entering this date, you are stating that the marriage, and the two sides' financial connections — are effectively over. Assets and debts are frozen at that moment. Debts incurred before that date are marital property. Assets acquired and debts incurred after that date are considered separate.

One reason it is important is that the court will make you wait six months before the divorce can take effect. This is to make sure that you both really wanted to divorce. (There are exceptions to this rule, for persons in abusive or very strained marriages.)

Avoiding Misunderstandings About Family Law

People have many misconceptions about divorce in Delaware:

  • The term abandonment is often used incorrectly. If your spouse moves out of the house, that by itself is not abandonment. You will still want to talk to an experienced family lawyer about filing for divorce and securing your finances.
  • No-fault divorce does not mean your spouse can abuse you. Abusive behavior will affect custody and visitation. No fault does mean that you can't refuse the other spouse a divorce.
  • Contested divorces are not always settled in the courtroom. The opposite is closer to the truth. Ethical lawyers will look for opportunities to settle, saving you money, time and turmoil.

Avoiding misconceptions is one reason to work with experienced, knowledgeable attorneys. In Wilmington, that means the law firm of Boudart & Mensinger, LLP. When you are ready to talk, contact the Wilmington legal separation lawyers at Boudart & Mensinger at 302-358-2679.