Delaware Divorce Attorneys

Providing Quality Legal Representation to Make Sure Your Voice is Heard

Divorce is one of the most challenging events in many people’s lives. No one ever wants to believe they may have to hire a divorce lawyer to represent them. However, in some instances, couples determine that they can no longer be married to one another and decide to go their separate ways.

Unfortunately, filing a divorce petition can be complicated and, if not done correctly, can result in time-consuming delays. One of the best ways to ensure that all paperwork is filled out correctly is to hire a divorce attorney who can provide guidance throughout the legal process.

Abram, Gulab & Hutchison is a law firm familiar with the nuances of Delaware divorce proceedings and family law issues. Even if you plan on an uncontested divorce, you will still benefit from having legal representation to ensure your voice is heard and your rights are protected.

Contact our Delaware law offices today to schedule a free, confidential consultation so that we may assess your case and determine the best strategies for your legal needs.

What Types of Divorce are Available in Delaware?

Several divorce options are available in Delaware and depend on the couple’s circumstances. Delaware law dictates that a couple must be separated for at least 6 months before a Delaware family court will allow a divorce. During this separation, the parties must not be residing in the same bedroom or having sexual relations.

Divorce options available in Delaware include:

No-Fault Divorce

Delaware law allows couples to file for no-fault divorce, meaning that neither party is to blame for the breakdown of the marriage. Each party states the marriage is irretrievably broken with no hope of reconciliation.

No-Fault Divorce

To file a fault-based divorce action, one or both spouses must claim that the other is to blame for the breakdown of the marriage. Grounds for fault-based divorce include desertion, adultery, cruelty, substance abuse, and imprisonment.

Contested Divorce

When a couple cannot agree on child and spousal support, custody and visitation, debt distribution, and property division, they may file for a contested divorce. Unlike uncontested divorces, where both parties agree to the terms and the divorce can quickly proceed, a contested divorce can be long and drawn out as parties work to resolve their differences.

If you wish to file for a divorce but are still determining what legal option fits your needs, contact our law offices to schedule a free consultation so we may answer your questions.

How are Child Custody Issues Determined?

One of the most contentious issues that often arise in the divorce process is deciding on child custody and visitation issues. Many people mistakenly believe that a mother will always be granted custody of a child when a divorce occurs.

However, Delaware family courts make child custody and visitation decisions based on the child’s best interests. Family court judges tend to favor parents having joint custody of their children so they can be actively involved in their child’s life.

Nevertheless, in some instances, the court may name one parent as the custodial parent who has the child most of the time and the other as the non-custodial parent. In most cases, the non-custodial parent is responsible for paying child support.

Our Delaware divorce lawyers recognize that protecting parental rights is essential during a divorce. When you come to us for help, our attorneys will work tirelessly to protect your relationship with your child as you begin the next chapter of your life.

How is Marital Property Divided in a Divorce Case?

Couples who have acquired property while married must decide how that property will be divided. If the parties agree on how to split their assets, the court will usually honor their request as long as the agreement is deemed fair to both parties.

Generally, couples with premarital and postnuptial agreements will divide their property as outlined in their legal documents.

However, if a couple cannot agree on dividing their assets, the court can intervene, and a judge will decide on the issues.

Delaware is an equitable distribution state; however, “equitable” does not necessarily mean that all marital property will be divided fifty-fifty. The court will review several factors when trying to decide marital property division, including:

• Each spouse’s earnings and potential earnings
• Debts incurred during the marriage
• Age and health of each spouse
• Financial and domestic contributions of each spouse during the marriage

Assets not subject to property division typically include those each spouse brought into the marriage and property attained through inheritance. Nevertheless, state law does make specific exceptions to some pre-marital assets that may have been paid for with marital funds.

Why Should I Trust Your Divorce Lawyers to Help Me Get a Fair Settlement?

If you are going through a divorce, you must have an experienced divorce attorney representing your interests. A Delaware divorce often involves complex issues that can be challenging to resolve without legal representation.

For example, suppose you and your soon-to-be former spouse have a dispute regarding alimony. A skilled Delaware divorce lawyer can assist you with resolving your issues to ensure your rights are protected while maintaining respectful communication.

Our divorce lawyers realize that dealing with a divorce can be overwhelming, especially for couples who cannot agree on important issues. However, Abram, Gulab & Hutchison is a law firm that is dedicated to providing clients with the legal guidance they need as they work through the divorce process.

Our attorneys have a proven record of obtaining successful client outcomes and would be honored to assist you with your legal needs. Contact Abram, Gulab & Hutchison at our Delaware law office at 302-405-7010 to schedule a free no-obligation consultation so that we may determine your legal options.