Wilmington Divorce Lawyer
Whether you are considering a divorce or you have recently been served with papers by your spouse, having an experienced Wilmington divorce lawyer is essential to ensuring that your interests are protected. At Wahl Family Law, Joseph Wahl offers his clients over 20 years of legal practice dedicated exclusively to Delaware divorce, child custody and related matters.
Going through a divorce may be one of the most difficult experiences you will ever have to endure. Emotions can often get in the way of clear decision-making, and the anxiety over what the future might hold can sometimes be paralyzing. At times like these, having an attorney who will maintain an objective view and focus solely on your rights can be invaluable.
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When you hire Joe as your attorney, he will take the time to fully understand your concerns and your goals. He is proactive in informing you about issues that people facing divorce often fail to consider, including such issues as finances and taxes, division of retirement accounts or privately held business, and any other considerations that may be pertinent to your situation.
No Fault Divorce
Delaware is a no-fault state. This means that it does not matter whose “fault” the divorce is, and fault will not be a factor in the distribution of assets, unless it can be shown that a party dissipated a marital asset for a non-marital purpose. A couple only need to state that their marriage is irretrievably broken to obtain a divorce. There is no requirement that the couple live separate and apart for a period of time prior to receiving a Final Judgement of Dissolution of Marriage.
Contested Divorce v. Uncontested Divorce
A contested divorce is a divorce in which the parties do not agree on certain terms of the divorce, whether that be division of property or custody of the children. If a matter is contested, the issues will be presented to a Judge who will decide the distribution of assets and custody of the children.
An uncontested divorce is a divorce in which the parties agree on all terms of their divorce and have entered into a Marital Settlement Agreement which solemnizes the parties’ agreement with respect to their assets, child custody, child support, alimony, etc. The Marital Settlement Agreement will be incorporated into a Final Judgement of Dissolution of Marriage.
Keep in mind that a division of property does not necessarily have to be “equal”. Courts often make what may at first seem like an unequal distribution based upon the specific circumstances of the marriage. Several factors are taken into account here. Courts generally consider each spouse’s contributions to the marriage, both monetary and non-monetary. The ultimate goal is to arrive at a fair solution which takes into account the whole of the marriage.
Division of property is often the most troublesome issue in a divorce proceeding. Delaware Division of Property Attorney Joseph Wahl will be honored and pleased to assist you through this often difficult time. Wahl Family Law will prepare all of the necessary documents as well as continue to assist you through each stage of the process until it is complete.
Prenuptial and Postnuptial Agreements
A prenuptial or postnuptial agreement can be an extremely useful tool in protecting the personal property interests of each person. While some couples shy away from the idea of these types of agreements, they can prevent untold amounts of money and emotional turmoil should the marriage ever come to an end. Joe Wahl has extensive experience helping clients with the drafting, review, enforcement and litigation of these agreements. He works diligently to see that any proposed agreement protects your interests to the fullest extent possible.
Contact a New Castle County Divorce Lawyer
The orders that are issued in a divorce will have a direct impact on you and your children for years into the future. Joe will do everything in his power to ensure that you are in the best possible situation as you move into this new phase of your life. Schedule your initial consultation today by calling 302-658-2834. The initial consultation fee is $400.00.
DELAWARE UNCONTESTED DIVORCE LAWYER
How long does it take to get divorced in Delaware? Before you file for divorce in Delaware you’ll probably want to know how long it takes to get one. The answer depends on a number of factors. Changing any one of these factors can affect how long the divorce takes. The time it takes to get divorced in Delaware is affected many factors including not limited to:
a) the amount of time you and your spouse have been separated
b) the grounds or basis for the divorce
c) Whether you’re filing a fault-based or no-fault divorce
d) If you’re able to find your spouse for service of divorce papers
e) any family court backlog of other cases
Whether or not you can have a relatively quick divorce often depends upon how long a period of time you have been separated. In Delaware you can file for divorce as soon as you’ve separated—even the next day. However, a separation period of six months often must occur before the Delaware Family Court will issue your divorce decree.
Delaware Divorce Residency Requirements: Delaware’s six-month residency requirement can increase the time it takes for your divorce to be finalized. You or your spouse must meet Delaware’s six-month residency requirements before you can file for divorce here.
Delaware No Fault Divorce: You can file for a no-fault divorce in Delaware’s Family Court. A no-fault divorce is where no one takes the blame for breaking up the marriage. Delaware also allow you to file a divorce based on fault. That means you can claim adultery, cruel and inhuman treatment, or other grounds for divorce.
If you’re trying to slow down the divorce process, filing a fault-based divorce sometimes does that because you may have to prove grounds for divorce at a hearing or trial. Your spouse could file a fault-based divorce in an attempt to stop the divorce. Most of the time, filing a fault-based divorce doesn’t stop the divorce, but it will make the process take longer.
Serving a Divorce Petition on Your Spouse in Delaware: If your spouse avoids getting served with your divorce petition your divorce could take longer. Sometimes spouses play games when it comes to getting served with papers. If this happens, you will need a process server.
Uncontested Delaware Divorce: An uncontested divorce takes less time in Delaware because there is no trial. You and your spouse sign the required papers, including a marital settlement agreement. This allows your case to move quickly through the Delaware Family Court. The judge merely needs to look at your papers, make sure they’re in order, and then grant the divorce. In Delaware, a divorce that is no-fault and uncontested will be the fastest way to get divorced because you’re agreeing with your spouse about everything. Your divorce could take a few months or less.
A Contested Delaware Divorce: If your divorce is contested, your divorce could take a lot longer. A contested divorce, where at least one major issue cannot be resolved, will often involve a trial on any unresolved issues. If you add the time for a trial to the mandatory separation period, your divorce proceedings could take about a year.
How Long Does it Take to get Divorce in Delaware in Complex Cases? This often depends upon the complexity. If your Delaware Divorce case involves a lot of property, has complex issues about assets or visitation, or contains difficult custody issues, then your divorce will take longer than other cases. If you can get your spouse to agree on such issues, then your divorce can be done more quickly. Even difficult cases can be resolved by a Delaware marital settlement agreement and move swiftly through the court.
Is Your Spouse Hiding Assets? Even if it slows down your divorce, you don’t want to walk away from assets you may be entitled to.
How Can You Speed Up your Delaware Divorce? There are several ways to speed up a divorce in Delaware. The best way is to reach agreement with your spouse on: division of property and debt, custody and visitation, child support, spousal support, health and life insurance, and any other issues that need to be resolved. Make sure you meet Delaware’s residency requirements. Also make sure your divorce petition is correct and complete, so you don’t have to redo it. Consult with a Delaware family lawyer to identify steps you can take to get your divorce done properly and quickly.
Discuss Your Case with An Experienced Delaware Divorce Attorney
To schedule your initial consultation with attorney Joe Wahl call 302-658-2834. The initial consultation fee is $400.00.