DELAWARE PROPERTY DIVISION
Delaware is a "no fault state" meaning that the division of a Husband's or Wife's Property or Debt does not take into account who is at fault for the end of the marriage. To obtain the court's assistance in dividing the property or debts, you have to make the claim 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.
There are terms that are used that are used 16c, 52d, QDROS, Wright Chart, two list method as if they are common, every day 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 firstname.lastname@example.org.
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