Delaware Divorce Information and
FAQ
At least one of the parties to the action for divorce must have resided
within the State of Delaware for at least six continuous months
immediately prior to the commencement of the action for divorce. The
petition may be filed in the county where either party resides. DCA
13-1504, 13-1507
Grounds for divorce A decree of divorce will be granted in the State of
Delaware upon a finding that the marriage is irretrievably broken and that
reconciliation is improbable. A marriage is irretrievably broken where it
is characterized by:
1. Voluntary separation; 2. Separation caused by the respondent's
misconduct; 3. Separation caused by the respondent's mental illness; 4.
Separation caused by incompatibility. DCA 13-1505
Waiting period No divorce shall be granted until after the parties have
been separated for a period of six months. DCA 13-1507
Name of court and title of action/parties An action for divorce filed
within the State of Delaware is filed with the Family Court. The title of
the action initiating the divorce proceeding is a Petition for Divorce,
while the title of the action granting the divorce is referred to as the
Decree of Divorce. The party filing the action is called the Petitioner,
while the other party to the divorce is referred to as the Respondent. DCA
13-1507 Simplified divorce proceeding Although there is no simplified
divorce proceeding in the State of Delaware, the respondent may file an
answer and waiver of service of process, thereby dispensing with further
service and notice issues in the proceeding. If the divorce is
uncontested, the court shall rule on the petition at a hearing which only
the petitioner need attend and testify. DCA 13-1508, 13-1517
Legal separation There are no provisions within Delaware State law that
recognizes legal separation.
Conciliation/mediation In cases involving minor children of the
marriage, the court shall order that the parties participate in a
Parenting Education Course designed to educate the parties on the impact
of divorce on children. In addition, if the divorce proceeding is
contested, the court may continue the proceeding with the consent of the
parties for up to sixty days so that the parties may seek counseling. DCA
13-1507, 13-1517
Alimony The court may award alimony to either party. Unless the parties
were married for 20 years or longer, the term of an award of alimony shall
not exceed one-half the term of the marriage. Any person awarded alimony
has a continuing obligation to make good faith efforts to seek appropriate
vocational training and employment, unless the court specifically finds
that it would be inequitable to require the party to do so. Unless
otherwise agreed in writing, the obligation to pay alimony terminates upon
the death of either party or the remarriage or cohabitation of the party
receiving alimony. The court will award alimony, without regard to fault,
in such amount and for such times as the court deems appropriate, after
consideration of the following factors: 1. The financial resources of the
party seeking alimony;
2. The time and expense necessary to acquire sufficient education and
training to enable the party seeking alimony to find appropriate
employment;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age, physical and emotional condition of both parties;
6. Any financial or other contribution made by either party to the
education, training, vocational skills, career or earning capacity of the
other party;
7. The ability of the paying spouse to meet his needs while paying
alimony;
8. Tax consequences;
9. Whether either party has foregone or postponed economic, education,
or other employment opportunities during the course of the marriage;
10. Any other factor the court deems just and appropriate to consider.
DCA 13-1512
Distribution of property Delaware is an equitable distribution state,
which means that the court will divide the marital property as it deems
equitable and just among the parties, after setting aside to each spouse
that party's separate property. Factors the court will consider in
distributing the marital property include: 1. The length of the marriage;
2. Any prior marriage of the parties;
3. The age, health, station, amount and sources of income,
vocationalskills, employability, estate, liabilities and needs of each
party;
4. Whether the property is awarded in lieu of or in addition to
alimony;
5. The opportunity of each party for future acquisition of capital
assets and income;
6. Each party's contribution to the acquisition, preservation,
depreciation, dissipation or appreciation of the marital property;
7. The value of the property set aside to each spouse;
8. The economic circumstances of each party at the time the division of
property is to take effect;
9. The debts of the parties;
10. Tax consequences. DCA 13-1513
Child Custody The court shall determine the custody of any minor
children of the marriage based upon the best interests of the child. In
determining the child's best interests, the court shall consider the
following factors: 1. The wishes of the parents; 2. The wishes of the
child; 3. The interaction and interrelationship of the child with parents,
grandparents, siblings and any other person whose relationship
significantly affects the child; 4. The child's adjustment to home, school
and community; 5. The physical and mental health of all parties; 6.
Evidence of domestic violence.
Each parent has an equal right to receive all records of the child,
such as school, medical or dental records. In addition, each parent has
right to reasonable access to the child by telephone or mail. DCA 13-722
Child support Each party has a duty to support any minor children of
the marriage. In determining the amount of support to be awarded, the
court will consider many factors, including:
1. The health, relative economic condition, financial circumstance,
income, including the wages, and earning capacity of the parties,
including the children;
2. The manner of living to which the parties have been accustomed when
they were living under the same roof;
3. The general equities inherent in the situation. DCA 13-514
Name change Upon request, the court may order that a party may resume
the use of any former or maiden name. DCA 13-1514
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