Husband earns $120k, wife earns $40k. Husband has had numerous extramarital affairs. No choldren in common. Is it better to file under irreconcilable differences or based on adultery? How do we come to property, alimony agreement?
Analysis of Alimony Case in Delaware
Considering the financial situation where the husband earns $120k and the wife earns $40k, along with the context of the husband having numerous extramarital affairs, this analysis aims to provide insight into filing options, potential alimony agreements, and property divisions.
Relevant Delaware Statutes
- Title 13, Chapter 15 – Addresses the dissolution of marriage and grounds for divorce in Delaware.
- Title 13, Chapter 15, §1512 – Covers the grounds for divorce, including irreconcilable differences and misconduct such as adultery.
- Title 13, Chapter 15, §1512(a) – Explains irreconcilable differences as grounds for divorce.
- Title 13, Chapter 15, §1512(b) – Covers adultery as grounds for divorce.
Filing Options and Solutions
Based on Delaware's family law:
- Irreconcilable Differences: Filing under irreconcilable differences is generally a no-fault ground, meaning neither party is legally at fault for the breakdown of the marriage. This may lead to a smoother process and may not affect alimony or property decisions.
- Adultery: Filing based on adultery could potentially have implications on the division of property and alimony. However, proving adultery can be a challenging task, and you would need concrete evidence.
Before making a decision, you may want to compare lawyers in your area specializing in family law to advise on the best approach.
Estimation of Alimony and Attorney Costs in Delaware
| Service | Estimated Cost |
|---|---|
| Consultation with family lawyers | $100-$500 |
| Divorce filing fee | $150-$250 |
| Alimony (based on income disparity) | $20k-$40k annually |
| Divorce lawyers representation | $3k-$10k |
Note: These are rough estimates. Actual costs can vary based on the complexity of the case, the experience of the attorney, and other factors.
Clarifications and Next Steps
To give a more precise recommendation, it would be beneficial to understand the length of the marriage, the total marital assets, any prenuptial agreements, and other specifics. To proceed effectively, find the right lawyer for your case.
Relevant Questions
- Duration of Marriage: How long have you been married? This can impact the length and amount of alimony.
- Marital Assets: What are the total assets acquired during the marriage?
- Prenuptial Agreements: Were any agreements made before the marriage regarding property division or alimony?
By answering these questions, it will provide clarity on the case and its potential outcomes.
Legal Disclaimer
This information is intended for informational purposes only and does not constitute legal advice. No attorney-client relationship has been established by this communication. Always consult with a licensed attorney in your jurisdiction before making any legal decisions.
A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.
- Marriage, civil unions, and domestic partnerships (domestic violence)
- Adoption and surrogacy
- Child abuse and child abduction (child custody, child care)
- The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
- Juvenile adjudication
- paternity testing and paternity fraud
- more about family law at wikipedia
