Divorce Lawyer in Kent and Sussex County, Delaware
Delaware is a no-fault divorce state, meaning that you do not have to provide a reason for separating, other than irreconcilable differences. While you can seek a fault divorce based on marital misconduct, it won’t affect the financial settlement of your case.
At the Law Offices of Murray, Phillips & Gay, We hope you can find a way to make your marriage work out. However, if the divorce is going to happen, we will help you resolve it with the least amount of damage to your family and your finances. We handle both contested and uncontested divorces.
Negotiating Your Divorce in Delaware
As your lawyer, Thomas Gay will help you work through a number of issues on the way to a settlement, including:
A child custody and visitation agreement
When children are involved, a separation and divorce become much more complicated. If you have children, we will need to address a child custody and visitation agreement, along with child support. Learn more about Family Law and Family Tips during a Separation.
If you are considering leaving your spouse, but concern about losing your kids is stopping you, you need a lawyer. Delaware law encourages both parents to share equal custody of children and remain active parts in their lives. Ensure your custody and parental rights are supported with an expert attorney.
Marital property division
Delaware is an equitable distribution state. “Equitable” means fair, which could mean fifty-fifty, sixty-forty or seventy-thirty division of marital property. The court will look at the earnings and earnings potential of both you and your spouse. The better off you expect to be in the future, the less you’ll receive now.
If one side is financially dependent on the other, Delaware courts may order spousal support (also known as alimony). It is not as common as people think. The supporting spouse has to be able to afford the payments. You must also prove that the receiving spouse is financially dependent.
In Delaware, you must live separated for six months before you can file for a divorce. Your separation date is the date you stop living together as husband and wife. You can live in the same house and still live separated, so long as you do not live as husband and wife. As your lawyer, Mr. Gay can help you resolve the issues of your separation and divorce.
Attorney Consultation for Divorce
If you think divorce is in your future, Tom Gay will meet with you in person to discuss your case. To schedule an appointment in Georgetown, please call 302-855-9300 or fill out the contact form on this site.