Family Law FAQ

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At Rahaim & Saints, we hear the same family law frequently asked questions again and again. Although no two families are the same, many families have the same concerns: to provide the best they can for each other and their children. Since 1993, we have been helping families across Delaware resolve issues such as alimony, child support, adoption and more.

We've compiled the following family law FAQs to help address some of the questions you may have. If you don't see your question answered here, or you need more support, contact Rahaim & Saints at any time for a consultation.

What will be my share of property in a divorce?


Delaware does not assume a 50-50 division of assets. Instead, many factors are taken into consideration, including income, each partner's contributions, children involved, child custody, prenuptial agreements and more. The best way to get a fair assessment of how much you will get from a divorce is to consult with the attorneys at Rahaim & Saints.

In a consultation, our attorneys can evaluate the value of your assets and specifics of your situation to come up with a general idea of how much you may qualify for. Our attorneys can also work with you during the duration of the divorce, advocating for your rights, so you get the resources you need to meet your financial obligations.

Do I need to be separated before filing for divorce?

In Delaware, married couples are expected to be separated before they file for divorce and must be separated 6 months before the court can grant the divorce. Separation is defined as living apart or in separate bedrooms and not having sexual relations. There is no need to file specific paperwork to prove you have been separated.

Who will get custody of the children if I divorce?

Child custody is determined on an individual basis in Delaware. Courts will take many factors into consideration, including child support and the ability of parents to care for their children. If you and your spouse can agree to child visitation rights, custody and other matters, this can pave the way for amicable agreement about custody. If this is not the case, you may need to work with a family law attorney to ensure the best interests of the child are protected.

What happens if I want to divorce someone who is a member of the U.S. military?

There are special provisions for military divorces, under the Service Members Civil Relief Act (SCRA). Under this act, members of the armed forces on active duty can apply to postpone any civil actions against them.

If you are a non-military spouse and apply for child support, child custody or divorce while your spouse is on active duty, your spouse can apply to have the hearings postponed until 60 days after the end of their active duty.

If you're concerned about how the SCRA may affect your divorce and the needs of yourself and your children, contact Rahaim & Saints. Our attorneys can protect your rights during the dissolution of the marriage. If you are a member of the Armed Forces and are concerned about petitions filed against you while you are fighting for your country, contact Rahaim & Saints. We can represent you to ensure the provisions of SCRA are honored, so you can focus on your responsibilities and duties.

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