Or is it? Breaking up is Hard to Do

Separate property Marital property "Marital property" means all property acquired by either party during the marriage "Marital property" means all property acquired by either party during the marriage “Separate property” means all property acquired by an individual spouse brought into the marriage. “Separate property” means all property acquired by an individual spouse brought into the marriage. Includes property acquired during marriage by bequest, devise or descent or by gift to one spouse only Includes property acquired during marriage by bequest, devise or descent or by gift to one spouse only

Who gets what? Most states (DE) follow "equitable distribution” Most states (DE) follow "equitable distribution” Marital property divided fairly. Marital property divided fairly. Some states follow “community property” Some states follow “community property” All marital property divided equally All marital property divided equally

Determining what’s fair: The length of the marriage The length of the marriage Any prior marriage of the party Any prior marriage of the party The age, health, amount and sources of income, vocational skills, employability of each of the parties The age, health, amount and sources of income, vocational skills, employability of each of the parties Alimony Alimony The possibility of future income The possibility of future income Contributions of each party to the marital property Contributions of each party to the marital property The value of the property set apart to each party The value of the property set apart to each party 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 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 Whether the property was acquired by gift Whether the property was acquired by gift The debts of the parties The debts of the parties

Types of Separation Voluntary Separation: both spouses agree as a trial period before divorce (in DE, 6mos required) Voluntary Separation: both spouses agree as a trial period before divorce (in DE, 6mos required) Desertion: one spouse leaves the other Desertion: one spouse leaves the other Forced by intolerable situation: adultery, spouse abuse, substance abuse Forced by intolerable situation: adultery, spouse abuse, substance abuse

Annulment An annulment is a court order stating that the marriage was not valid and therefore never existed An annulment is a court order stating that the marriage was not valid and therefore never existed Reasons for in DE: Mental incapacity or infirmity, Mental incapacity or infirmity, Under influence of alcohol or drugs Under influence of alcohol or drugs Physical incapacity to consummate the marriage and the other party did not know Physical incapacity to consummate the marriage and the other party did not know Party was less than legal age Party was less than legal age Fraud (already married, etc) Fraud (already married, etc) Married under duress Married under duress Incest Incest

Divorce The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable. Irretrievably broken: Irretrievably broken: Voluntary separation (No fault) Voluntary separation (No fault) Separation caused by respondent's misconduct Separation caused by respondent's misconduct Separation caused by respondent's mental illness Separation caused by respondent's mental illness Separation caused by incompatibility. Separation caused by incompatibility.

Court or Mediation? Uncontested Divorce: issues of property distribution, child custody, etc. resolved outside of court; usually through mediation Uncontested Divorce: issues of property distribution, child custody, etc. resolved outside of court; usually through mediation Contested Divorce: the court must resolve one or more unresolved separation issues; usually time-consuming and expensive!! Contested Divorce: the court must resolve one or more unresolved separation issues; usually time-consuming and expensive!!

Counseling? In DE: Counseling is recommended but not required in contested cases Counseling is recommended but not required in contested cases Parties are required to attend parent classes if they have children Parties are required to attend parent classes if they have children

Spousal Support (alimony) The alimony order does not regard marital misconduct The alimony order does not regard marital misconduct Not all cases involve support from one spouse to the other Not all cases involve support from one spouse to the other Factors: Factors: The financial resources of the party seeking alimony (time and money for training and job-seeking) The financial resources of the party seeking alimony (time and money for training and job-seeking) The standard of living established during the marriage; length of marriage The standard of living established during the marriage; length of marriage The age, physical and emotional condition of both parties The age, physical and emotional condition of both parties Any contribution made to the education, training, vocational skills, career or earning capacity of the other party Any contribution made to the education, training, vocational skills, career or earning capacity of the other party The ability of the paying party to meet his or her own needs The ability of the paying party to meet his or her own needs Whether either party has foregone economic, education or other employment opportunities during marriage Whether either party has foregone economic, education or other employment opportunities during marriage