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Delaware Separation Agreement

Delaware separation agreement is a contract between spouses who no longer wish to live together that allows them to determine many of the matters that would be settled in a divorce, such as how property will be divided, what level of spousal support will be provided, and other issues. Delaware recognizes separation as a distinct legal status.
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Is a Separation Agreement Legal in Delaware?

Yes, but only if couples have agreed on the terms of diving their property, and want to give courts the power to enforce it in the context of a divorce proceeding.[1]

Legal Separation Requirements

  • Filing Fee: N/A; there is $90 Civil Filing fee in divorce cases.
  • Residency: N/A; at least one spouse must have resided in the state for at least six months before filing for divorce.[2]
  • Where to File: With the Family Court in the county where one or both spouses resides.

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