Wilmington Divorce Lawyer

When you and your spouse are no longer able to share your lives together, get in touch with an experienced Wilmington divorce attorney for help making sure the process of separating goes as smoothly as possible.

Going through a divorce is never an easy process. Whether there is bad blood between you and your spouse or the divorce is amicable, you’ll still need to discuss how to go about living your lives separately, the possibility of one spouse receiving spousal support, and who gets what from your shared belongings, property, and assets.

If you choose to work with a highly trained Wilmington divorce lawyer at Barros, McNamara, Malkiewicz & Taylor, our firm will work with you to ensure that you aren’t taken advantage of during this difficult time. We will work through the process of dividing your assets and discuss paying or receiving alimony so that when everything is said and done, you’ll have begun a truly new chapter of your life.

Legal Separation

Before you can officially begin the process of filing for divorce, you and your spouse will need to be legally separated for a period of at least six months. This requires you to be living separately (at least in separate bedrooms) and no longer engaging in sexual activity together. Once the legal separation has been in effect for the minimum amount of time, you can be granted a no-fault divorce.

The legal separation requirement will not apply to couples who are divorcing due to adultery, domestic violence, or other forms of misconduct in the marriage. Your divorce lawyer in Wilmington can help you get your divorce granted as quickly as possible.

All About Alimony in Wilmington Divorce Cases

In cases where one spouse has earned more than the other spouse, a consideration of spousal support, also known as alimony, may apply. This is when the higher-earning spouse provides monetary support to the lesser-earning spouse so that both individuals are able to maintain their standard of living in the aftermath of the divorce.

A judge may determine if providing alimony is appropriate in your case. The court may make decisions regarding which spouse will be paying spousal support, which will be receiving support, how long alimony will be paid, and how much will be paid.

If a couple has been married for fewer than twenty years, the length of time you receive or pay alimony cannot exceed half the length of the marriage. For instance, if you and your spouse were married for ten years, the length of time alimony could be paid or received would be no longer than five years.

If the marriage lasted for longer than twenty years, there may be no time limit placed on spousal support.

Dividing Your Assets

The division of your shared assets and debts is one of the most challenging aspects of a divorce. This is the area where many former couples find it most difficult to come to a fair and reasonable agreement.

Any property that you retained prior to your marriage can still be yours after your divorce in Wilmington. The remaining items will be valued, and both spouses will need to work together to see if they can divide the belongings equitably.

When you aren’t able to come to an arrangement that works for you both, the court can divide your property equitably.

Connect with a Wilmington Divorce Attorney

You don’t have to go through this difficult time in your life alone. Get in touch with a qualified Wilmington divorce lawyer at Barros, McNamara, Malkiewicz & Taylor for help. You can schedule your initial consultation today by filling out the quick contact form below or by giving our office a call at 302-734-8400.