Divorce Law in Delaware

Residency Requirements of Delaware Divorce Law

You must meet certain residency requirements to file for divorce in Delaware. The Family Court of Delaware has jurisdiction over divorce and annulment cases where either party, petitioner or respondent, lived in Delaware at the time of the filing. You may also field for divorce in Delaware if either you or your spouse was stationed in Delaware as a member of the United States military for the six months prior to the filing. The divorce may be filed in the county where either spouse resides, according to Delaware Code, Title 13, Chapters 1504 and 1507.

Grounds for Filing for Divorce in Delaware

In Delaware, grounds for divorce involve the marriage being irretrievably broken, as characterized by:

• Voluntary separation
• Separation caused by respondent's misconduct
• Separation caused by respondent's mental illness
• Separation caused by incompatibility

Bona fide efforts to reconcile, including temporarily sharing a bedroom or having sexual relations, will not interrupt the period of living separately if they the parties have not shared a bedroom or had sexual relations during the thirty days immediately preceding the day the petition is heard by the court.

Property Distribution in Delaware Divorce Court

Delaware is an "equitable distribution" state, meaning that the court will divide the property fairly, in the opinion of the court, when the parties cannot agree on a property distribution. The court will consider the circumstances, including the economic state and well-being, as well as income-earning potential, of both parties. Only marital property will be divided in the property distribution; this excludes separate property owned before the marriage commenced, as well as inheritances and gifts to one spouse.

Spousal Support in Delaware Divorce

Alimony, or spousal support, are not automatic in Delaware. The court will determine whether one spouse should receive alimony or support based on a number of factors, including the spouse's financial support of the other spouse's education, the economic situations and income-earning potential of each spouse, and the duration of the marriage, as well as the paying party's ability to pay.

Counseling and Mediation Requirements under Delaware Divorce Law

When a couple seeks divorce in Delaware, the court may continue the case so that the parties may seek counseling. The continuance can be no longer than 60 days, and the court cannot compel counseling if one or both parties object. The counseling is confidential, and only the fact that the marriage is not retrievable will be reported to the court.

Delaware Child Custody in Divorce

In Delaware, the family court system seeks to ensure the well-being, both physical and mental, of minor children in divorce cases. The court does not consider the parents' gender in granting custody to a parent, but rather considers such factors as:

• The parents' wishes
• The child's wishes
• The relationships between the child, parents, siblings and grandparents
• The child's adjustment to home, community and school
• The mental and physical health of all involved
• Past and present compliance with parental duties by both parents
• Evidence of domestic violence
• Criminal histories of either parent or anyone else residing in the household

The Delaware courts recognize children's rights, as follows, in divorce cases:

• The right to a continuing relationship with both parents
• The right to considered as a person
• The right to continuing care and guidance from both parents
• The right to care about and know both parents without hearing degrading comments about one from the other
• The right to express affection for both parents without fear of one parent's disapproval
• The right to know that the child is not responsible for the parents' divorce
• The right to not have the parents argue over the child
• The right to honest answers about the family's changes
• The right to consistent contact with both parents
• The right to a relaxed, secure relationship with both parents

These rights are detailed in Delaware Code, Title 13, Chapter 722

Delaware Child Support

Delaware family courts determine child support payments based on the Percentage of Income formula, which calculates child support as a percentage of the non-custodial parent's income. The court may deviate from these guidelines when there is a good reason, in the court's judgment, for doing so.

Find a Delaware Divorce Lawyer

We have made arrangements with aggressive, qualified and local divorce lawyers to help you file for divorce in Delaware and get the best settlement from Delaware divorce courts. Act now to contact a Delaware divorce lawyer and start your divorce proceedings.