Delaware Divorce Lawyers
Wilmington DE Divorce Attorneys
Sound Legal Advice and Strong Legal Advocacy
The decision to end a marriage is one of life’s most difficult decisions. Whether or not you ultimately pursue a divorce, we can help you understand the process and the important legal and personal considerations. We will help you think more clearly about how to address the issues in your marriage.
Rahaim & Saints is an established law firm committed to equitable, legally sound solutions in the dissolution of marriage. We encourage settlement, enabling clients to control the outcome while protecting their own interests. An out-of-court resolution to divorce avoids much of the animosity, expense and uncertainty of a trial. However, when litigation is appropriate, we are tenacious advocates for you in the courtroom.
With offices in Wilmington and Newark, our firm represents men and women of New Castle County, Kent County, and throughout Delaware. Arrange a consultation today with a Delaware Divorce Lawyer.
We can capably advise and represent you in every legal aspect of divorce:
As a no-fault state, there is no advantage to suing for divorce because of adultery or abandonment. In Delaware, you need only show “incompatibility” as grounds for divorce – and residency of six months prior to filing.
Stages of the Divorce Process in Delaware
1. Filing the divorce petition
Unless you are filing for a divorce on the grounds of misconduct, you must be separated six months before the Family Court will enter a decree of divorce. There is no formal paperwork filed in Delaware to declare a legal separation – the parties are considered separated as of the last date they shared a marital bedroom. During the six month separation period, you can file the petition for divorce. Your spouse will have 20 days from the date that he or she was served with the petition to respond to the pleading.
Please note that you have the option to attend a hearing on your petition or to have the court enter an uncontested decree based upon the papers.
- Within 30 days of the date of divorce the petitioner (person filing for divorce) must present their half of a Joint Rule 16C Financial Report to the opposing party. The spouse has 60 days to present a final version of the other half of the 16C.
- The court will contact the parties and/or counsel to schedule a pre-trial conference and property division hearing. Approximately one week before the pre-trial conference, the 52D Pre-Trial Stipulation is due to the court. The property division hearing will occur about a month after the pre-trial conference.
2. Discovery
During this stage, you and your spouse will have a fixed period of time to respond to formal requests for information. Depositions may also occur. In general, depositions consist of a series of questions answered under oath and outside of a courtroom. The attorney representing your spouse will question you, while your attorney will question your spouse.
If there are contested issues of custody and parenting time, or if valuations are required for real estate or a business, those evaluations occur during this time period with the assistance of experts.
The process will depend on your unique circumstances. However, it is also important to keep in mind that with the assistance of counsel and cooperation from the parties, even complicated matters can be solved expeditiously.
Contact A Delaware Divorce Lawyer
The New Castle County Delaware Divorce Lawyers at Rahaim & Saints will work to ensure your divorce agreement is legally sound and not subject to future disputes. Contact our Wilmington office (302-892-9200) or Newark office (302-832-1800) to arrange a confidential consultation. You can also email a Delaware Divorce Lawyer by clicking here.
