Divorce Laws in Delaware
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in Delaware are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in Delaware so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Delaware Divorce Laws: a Comprehensive Guide
Delaware’s court practices are some of the most liberal in the nation when it comes to family laws. Divorce is granted both on no-fault and fault divorce grounds in Delaware, with an estimated divorce rate of 4.0% per 1,000 of population. Annulment is much more difficult to prove and rarely happens – it’s much easier to file for divorce. To do so, you must consult a lawyer or priest.
Divorce Grounds in Delaware
On average, it takes about six months for the processing of a divorce case in Delaware, which has a divorce rate of approx. 64.72%. Here are some of the divorce grounds you can use in Delaware:
- Voluntary Separation: If both spouses are separated with mutual consent, they must spend six months in a formal separation before they can file for divorce.
- Separation by Misconduct: If a spouse is not showing the proper behavior or conduct, their partner can seek divorce.
- Mentally Ill: Mental incapacitation in a spouse validates other spouse’s claim for divorce.
- Incompatibility: If any spouse feels they can’t survive with their partner, this can be treated as a legitimate divorce ground.
For more detailed information about the divorce grounds in Delaware, contact a professional divorce attorney or family lawyer.
Delaware Divorce Laws:
When it comes to navigating the complexities of divorce, Delaware has you covered. The First State offers a comprehensive set of divorce laws to ensure fairness for all parties involved.
Residency Requirements
The court has authority over all actions for divorce and annulment of marriage if either respondent resides in Delaware, or was temporarily in Delaware as a member of the armed services of the To ensure a divorce can move forward, the residency requirement must be met: the court requires a continuous residence of six months or more in the state immediately before the petition is filed.
Required Documents
When filing for divorce in Delaware, the court requires the following documents:
- Divorce Petition
- Information Sheet of the Family Court
- Agreement of Marital Settlement
- Affidavit of Appearance and Waiver of Rights
- Custody Separate Statement
- Non-Military Affidavit (if appropriate)
- Decree of Dissolution
- Stipulation to Incorporate Settlement Agreement
Distribution of Property
Delaware divorce laws dictate that all marital property should be divided equally among both spouses. The only exception is if a property was bought prior to the marriage or bought separately.
Name Changes and Restoration
The court can restore the birth name or former name of spouses upon request. This is particularly beneficial for women who have taken the surname of their husband when they got married.
Mediation Counseling
The court may appoint a mediator to help resolve any issues related to custody and visitation. Both parties must discuss their issues with the mediator before presenting them to the judge.
Alimony
The court considers various economic factors when determining the amount of alimony that a petitioner should receive. The amount should reflect the standard of living the petitioner was accustomed to before the divorce. However, alimony cannot exceed half of the duration of the marriage.
Child Custody
The court takes into consideration the wishes of the parents and the child, as well as the child’s relationship with family members when making a custody decision. Delaware divorce laws state that the court should not assume that one parent is better qualified than the other based solely on their sex or age. Additionally, the court should appoint a custodian that will not adversely affect the child’s relationship with the other parent.
Child Support
The court uses The Melson Formula to determine child support payments. The formula is based on the net income of both parents and the amount of time spent with the child.
If you need more information on Delaware divorce laws, it’s best to consult with a professional divorce attorney or divorce lawyer.
Delaware Annulment Laws
When it comes to ending a marriage, most people are familiar with the concept of divorce. But what about annulment? Annulment is a process by which a legal marriage is declared invalid and void, as if it never occurred. If you are seeking to end your marriage in Delaware, here is what you need to know about the state’s annulment laws.
Inability to Consummate the Marriage
Delaware law allows for annulment if one spouse is unable to consummate the marriage. In other words, a spouse may seek annulment if they are unable to have sexual relations with their partner.
Bigamy
Bigamy is strictly prohibited in Delaware, and if you are already married, you are not permitted to marry another person. If you have entered into a bigamous marriage, you may seek annulment under Delaware law.
Mental Incapacity
Individuals who are unable to understand the nature of marriage due to mental incapacity cannot legally enter into a marriage. As such, annulment may be sought if one spouse is mentally handicapped.
Consanguinity
In Delaware, it is illegal to marry close relatives, such as a parent, sibling, uncle, or aunt. If you have entered into such a consanguineous marriage, you may seek annulment under Delaware annulment laws.
Duress and Fraud
Forcing or threatening someone into marriage is illegal, and such marriages can be annulled under Delaware annulment laws. Additionally, annulment may be sought if a spouse has misrepresented themselves in order to enter into the marriage.
Delaware Divorce Laws: Answers to Your Most Frequently Asked Questions
Getting divorced in Delaware can be an overwhelming process, and it’s natural to have questions. Below we have outlined some of the most common questions we hear from divorcing couples:
How long do I have to live in Delaware before I can divorce my spouse?
Generally speaking, you have to be domiciled in Delaware for at least 180 days or 6 months (whichever is longer).
Can I file for divorce even if my spouse resides in another state?
Yes, you can still file for divorce even if your spouse lives state.
How do I get charged by my Delaware divorce lawyer?
Delaware divorce lawyers charge you on an hourly basis.
How much money should I spend on my divorce?
Divorce is never cheap, but on average it costs about $18,000. Of course, this number can vary greatly depending on the complexity of your case and how much time it takes to resolve any disputes.
Do I really require a Delaware divorce lawyer?
While you can legally represent yourself in court, it’s generally better to have an experienced Delaware divorce lawyer on your side. Not only do they have a better understanding of the divorce process, but having a lawyer can help ensure the fairness of the outcome.
Can one Delaware divorce lawyer represent both the spouses?
No, according to Delaware divorce law, it’s not possible for one lawyer to represent both spouses.
Does the State of Delaware recognize common laws?
Unfortunately, the Delaware State Constitution does not have any legal provisions to recognize common laws.
Is Delaware a No-Fault State?
Yes, Delaware is a no-fault state, so you don’t need to prove fault to get a divorce. However, you can still file for divorce with grounds if you wish.