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Free Delaware Marital Separation Agreement

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Children
First Child
Do you and your spouse have children together?
- Yes
- No
Is there at least one child financially dependent on you?
A child is usually considered financially dependent up to the age of 19
(and after 19 where the child is attending an educational institution on full-time basis or has a
disability).
- Yes
- No

Type of Separation Agreement
What type of Separation Agreement do you need?
- Temporary
  Valid until the parties create a new Separation Agreement
- Standard
  Valid even after divorce

Governing Laws
The laws of which state will govern this agreement?
Different states have different rules and regulations. Your
Separation Agreement will be customized for .

First Party
Gender:
- Male
- Female
Name:
Street Address:
City/Town:
State:
ZIP Code:

Second Party
Gender:
- Male
- Female
Name:
Street Address:
City/Town:
State:
ZIP Code:

Marriage Details
Were you married in the United States?
- Yes
- No
Date of marriage:
Where were you married?
City/Town
State
Country

Separation Details
Are you and your spouse currently living separately?
- Yes
- No
When did you start living separately?

Dependent Children's Details
Child
First Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Second Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Third Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Fourth Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Fifth Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Sixth Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Seventh Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Eighth Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Ninth Child
Full name:
(First, Middle, Last)
Date of birth:
- Add another child
Tenth Child
Full name:
(First, Middle, Last)
Date of birth:

Child Custody Details
Type of Custody:
A parent who has the care and control of the child is called the custodial parent.
- Sole: One parent is given primary right to decide matters of health, education, and welfare of the children
- Joint: Both parents share responsibility of decision-making but the children primarily resides with one parent
Who will have sole custody of the children?
- Husband
- Wife
Who will the children mainly reside with?
- Husband
- Wife
- Both Parents

Child Visitation Details
Describe Wife's access with the children:
Describe Wife's visitation time with the children:
Describe the visitation time with both parents:
Describe Husband's access with the children:
Describe Husband's visitation time with the children:
Regular visitation schedule:

e.g. John Doe will have visits every Wednesday from 6:00 pm to 8:30 pm
and every second weekend.
Vacation visitation schedule:

e.g. John Doe will have visits on all statutory holidays on even years and the
summer vacation will be split equally between John Doe and Jane Smith.

Child Support Details
Who will be paying child support?
The parent who has the child for the least amount of time generally pays a fixed amount in child support to the other parent.
- Husband
- Wife
How much will Husband pay in child support?
How much will Wife pay in child support?
every
When will the first child support payment be made?

Child Additional Costs
Who will be responsible for paying the child's Additional Costs?
- Husband will make recurring payments
- Wife will make recurring payments
- Both spouses pay according to a fixed percentage
How much will Husband pay towards Additional Costs?
How much will Wife pay towards Additional Costs?
Husband's share of additional costs:
Wife's share of additional costs: %
The first payment will be due on:

Note: Some months do not have 30 days. The legal language will specify that the
payments will be due at the end of the month instead.
Describe the Additional Costs that Husband will pay for:

(e.g. "Horse riding lessons")
Describe the Additional Costs that Wife will pay for:

(e.g. "Horse riding lessons")
Describe the additional costs:

(e.g. "Horse riding lessons")

Child Health Insurance Costs
Who will maintain health insurance for the child?
Health care expenses can include dental, vision and other medical expenses.
- Husband
- Wife
- Both
- Neither (i.e. not affordable at this time)

End of Payments
When will child maintenance end?
This includes any payments for additional costs, health insurance, and dental coverage.
- The expenses will end when the child is no longer a financially dependent minor
- Payments will continue indefinitely if the child is financially dependent due to illness or disability
- Even if not a minor, payments will continue if the child is attending an educational institution full-time
At what age will the child maintenance end?
years old

Spousal Support Payments
Will one party pay spousal support?
- Yes
- Not now, but possibly in the future
- Never, not even after divorce
Will one party pay spousal support?
- Yes
- Never, not even after divorce
Who will pay spousal support?
- Husband
- Wife
How much will Husband pay in spousal support?
How much will Wife pay in spousal support?
every
When will Husband make first payment?
When will Wife make first payment?
Note: Some months do not have 29 days. The legal language will specify that the payments will be due at the end of the month instead.
When will Husband stop making payments?
- When Wife remarries or enters a common-law relationship
- Payments will continue indefinitely
- On a specific date
When will Wife stop making payments?
- When Husband remarries or enters a common-law relationship
- Payments will continue indefinitely
- On a specific date
Date

Marital Home
Do you own your home, or are you renting?
- Renting
- Own a home
Address of marital home:
What will you do with the marital home?
- Ownership of the home will be transferred to one spouse
- The home will be sold and the proceeds will be divided
Who will receive the marital home?
- Husband
- Wife
Will Husband pay Wife a sum of money in exchange for the transfer of ownership?
- Yes
- No
Will Wife pay Husband a sum of money in exchange for the transfer of ownership?
- Yes
- No
How much will Husband pay?
Husband will receive:
Wife will receive: %
Who will have temporary possession of the home?
- Husband
- Wife
- Both
Who will pay any mortgage and/or expenses?
- Husband
- Wife
- Both
What expenses will Husband pay?

(e.g. Half of monthly mortgage payment, gas and electricity)
What expenses will Wife pay?

(e.g. Half of monthly mortgage payment, and any repair or
maintenance expenses)

Husband's Assets
Will Husband be entitled to any specific items?
- Yes
- No
Item
Describe item:
Estimated value:
- Add another asset
Second Item
Describe item:
Estimated value:
- Add another asset
Third Item
Describe item:
Estimated value:
- Add another asset
Fourth Item
Describe item:
Estimated value:
- Add another asset
Fifth Item
Describe item:
Estimated value:
- Add another asset
Sixth Item
Describe item:
Estimated value:
- Add another asset
Seventh Item
Describe item:
Estimated value:
- Add another asset
Eighth Item
Describe item:
Estimated value:
- Add another asset
Ninth Item
Describe item:
Estimated value:
- Add another asset
Tenth Item
Describe item:
Estimated value:

Wife's Assets
Will Wife be entitled to any specific items?
- Yes
- No
Item
Describe item:
Estimated value:
- Add another asset
Second Item
Describe item:
Estimated value:
- Add another asset
Third Item
Describe item:
Estimated value:
- Add another asset
Fourth Item
Describe item:
Estimated value:
- Add another asset
Fifth Item
Describe item:
Estimated value:
- Add another asset
Sixth Item
Describe item:
Estimated value:
- Add another asset
Seventh Item
Describe item:
Estimated value:
- Add another asset
Eighth Item
Describe item:
Estimated value:
- Add another asset
Ninth Item
Describe item:
Estimated value:
- Add another asset
Tenth Item
Describe item:
Estimated value:

Husband's Debts
Will Husband be solely responsible for any debts?
List all debts such as credit card debts, car loans, personal loans, etc. Do not list any debts related to the matrimonial home.
- Yes
- No
Debt
Describe the debt:
Estimated value:
- Add another debt
Second debt
Describe the debt:
Estimated value:
- Add another debt
Third debt
Describe the debt:
Estimated value:
- Add another debt
Fourth debt
Describe the debt:
Estimated value:
- Add another debt
Fifth debt
Describe the debt:
Estimated value:
- Add another debt
Sixth debt
Describe the debt:
Estimated value:
- Add another debt
Seventh debt
Describe the debt:
Estimated value:
- Add another debt
Eighth debt
Describe the debt:
Estimated value:
- Add another debt
Ninth debt
Describe the debt:
Estimated value:
- Add another debt
Tenth debt
Describe the debt:
Estimated value:

Wife's Debts
Will Wife be solely responsible for any debts?
List all debts such as credit card debts, car loans, personal loans, etc. Do not list any debts related to the matrimonial home.
- Yes
- No
Debt
Describe the debt:
Estimated value:
- Add another debt
Second debt
Describe the debt:
Estimated value:
- Add another debt
Third debt
Describe the debt:
Estimated value:
- Add another debt
Fourth debt
Describe the debt:
Estimated value:
- Add another debt
Fifth debt
Describe the debt:
Estimated value:
- Add another debt
Sixth debt
Describe the debt:
Estimated value:
- Add another debt
Seventh debt
Describe the debt:
Estimated value:
- Add another debt
Eighth debt
Describe the debt:
Estimated value:
- Add another debt
Ninth debt
Describe the debt:
Estimated value:
- Add another debt
Tenth debt
Describe the debt:
Estimated value:

Additional Terms
Do you want to include any additional terms?
- Yes
- No
Clause
- Add another clause
Second clause
- Add another clause
Third clause
- Add another clause
Fourth clause
- Add another clause
Fifth clause
- Add another clause
Sixth clause
- Add another clause
Seventh clause
- Add another clause
Eighth clause
- Add another clause
Ninth clause
- Add another clause
Tenth clause
- Add another clause
Eleventh clause
- Add another clause
Twelfth clause
- Add another clause
Thirteenth clause
- Add another clause
Fourteenth clause
- Add another clause
Fifteenth clause
- Add another clause
Sixteenth clause
- Add another clause
Seventeenth clause
- Add another clause
Eighteenth clause
- Add another clause
Nineteenth clause
- Add another clause
Twentieth clause
- Add another clause
Twenty-first clause
- Add another clause
Twenty-second clause
- Add another clause
Twenty-third clause
- Add another clause
Twenty-fourth clause
- Add another clause
Twenty-fifth clause
- Add another clause
Twenty-sixth clause
- Add another clause
Twenty-seventh clause
- Add another clause
Twenty-eighth clause
- Add another clause
Twenty-ninth clause
- Add another clause
Thirtieth clause

Signing Details
When will this agreement be signed?
- Today
- This Month
- Unsure
- Specify Date
Do you want to include Certificate of Independent Legal Advice?
Select "Yes" if each party will receive independent legal advice from a lawyer and the separation agreement will be signed in front of their lawyer.
- Yes
- No
Agreement to be executed in front of a notary public?
- Yes
- No
The parties will sign the agreement in front of?
If the separation agreement deals with real estate, then the agreement must be signed in front of a notary public (your lawyer) and two witnesses.
- Only Attorney
- Attorney and one witness
- Attorney and two witnesses
If the separation agreement deals with real estate, then the agreement must be signed in front of a notary public (your lawyer) and two witnesses.
- Only notary public
- Notary public and one witness
- Notary public and two witnesses
If the separation agreement deals with real estate, then the agreement must be signed in front of a notary public (your lawyer) and two witnesses.
- One witness
- Two witnesses
If you'd like to be contacted by an attorney for a free consultation, please select Yes below. Information we will provide to the attorney will be limited to only your contact information entered below. No other information will be shared with the attorney.
- No
- Yes
Your First Name*
Your Last Name*
Your Phone Number*
Your Zip Code*
Comments for Attorney:

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Step 1 of 22

Children

First Child

Is there at least one child financially dependent on you?

Type of Separation Agreement

Governing Laws

First Party

Second Party

Marriage Details

Where were you married?

Separation Details

Dependent Children's Details

Child

First Child

Second Child

Third Child

Fourth Child

Fifth Child

Sixth Child

Seventh Child

Eighth Child

Ninth Child

Tenth Child

Child Custody Details

Type of Custody: A parent who has the care and control of the child is called the custodial parent.

Child Visitation Details

Describe Wife's access with the children:

Describe Wife's visitation time with the children:

Describe the visitation time with both parents:

Describe Husband's access with the children:

Describe Husband's visitation time with the children:

Child Support Details

Who will be paying child support?

How much will Husband pay in child support?

How much will Wife pay in child support?

Child Additional Costs

How much will Husband pay towards Additional Costs?

How much will Wife pay towards Additional Costs?

Husband's share of additional costs:

Wife's share of additional costs: %

Child Health Insurance Costs

Who will maintain health insurance for the child?

End of Payments

When will child maintenance end?

Spousal Support Payments

How much will Husband pay in spousal support?

How much will Wife pay in spousal support?

When will Husband make first payment?

When will Wife make first payment?

Marital Home

Wife will receive: %

Husband's Assets

Item

Second Item

Third Item

Fourth Item

Fifth Item

Sixth Item

Seventh Item

Eighth Item

Ninth Item

Tenth Item

Wife's Assets

Item

Second Item

Third Item

Fourth Item

Fifth Item

Sixth Item

Seventh Item

Eighth Item

Ninth Item

Tenth Item

Husband's Debts

Will Husband be solely responsible for any debts?

Debt

Second debt

Third debt

Fourth debt

Fifth debt

Type of Custody:
A parent who has the care and control of the child is called the custodial parent.