Divorce and Property Purchases

[ram207]

What is the name of your state? Delaware

My spouse and I are considering filing for a divorce. We currently rent and would like to take advantage of the low interest rates and purchase seperate properties. I think we will be able to complete the divorce amicably, what do we need to consider prior to proceeding with any real estate purchases prior to our divorce decree being granted?

 

[cyana]

As long as at least one of you has met the 6 month residency requirement to file for a divorce in DE, and there are no children involved, it should be a simple process to buy two homes while the divorce proceedings are ongoing. Each home will now be considered "separate property". If you have children the "petitioner" (the one who files) with have to complete the "Parenting Class" before s/he gets a final court date. While there is a requirement for the respondent to take the "parenting class" no one will check if you/your stbx has done so.

The respondent in an uncontested divorce is not required to show for the simple, five minute divorce hearing. DE allows for bifurcation - this allows one to be divorced before any Custody, CS, property division, alimony issues are determined. With no kids and real property a final decree can probably awarded in around three months, or less, if one of you intentially "fails" to file an "answer" within 20 days, allowing the petitioner to obtain a default judgment.