Divorce in Delaware

The following information is a resource on divorce and family law in the State of Delaware. Here you can find divorce lawyers and professionals, separation and divorce forms, support services, and a summary of the state divorce and annulment laws. In addition to the resources listed below, you can find more help and information in our divorce article section.


Divorce Lawyers QDRO Preparation Divorce & Parenting Services Background Checks Support Groups Shelters and Hotlines	Separation and Divorce Forms Online Divorce Preparation Divorce Laws DE Child Support Guidelines DE Child Support Calculator DE Child Support Enforcement

DIVORCE LAWYERS AND FIRMS

Need a Family Lawyer? Present your case on LegalMatch and respond only to attorneys who want to help you. You can post you legal issues with Legal Match and receive a reply from qualified attorneys who can handle your case. Legal Match is a good directory that empowers consumers to find and thoroughly evaluate the experience, rating, availability and fees of pre-screened lawyers before deciding who to contact. It's Free & Confidential.

DIVORCE FORM PREPARATION

Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Delaware. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Delaware divorce today.

QDRO PREPARATION

QdroDesk - is an industry proven online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. The service is a result that only 45 years of combined QDRO experience can provide. When combining this expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.

BACKGROUND CHECKS

DIVORCE AND PARENTING SERVICES

Center for Divorce Education
1005 East State Street, Suite G
Athens, OH 45701
Phone: 740-594-2526
Email:

Online parenting education to keep children out of the middle of divorce.

Christian Divorce Services
1217 Hilltop Ave
Fayetteville, NC 28305
Phone: 614-774-3766
Email:

We have locations in every state. When reconciliation has failed, we provide Christian legal alternatives consistent with 1Cor 6: 1-8. Please Contact Michael Wayland at our central office for a referral to a local office.

DIVORCE SUPPORT GROUPS

Since different organizations host the various divorce support groups, we have assembled a page where you can search for the various services in your area by organization. You'll find support groups for adults and children alike, as well as domestic violence support groups. Just click on the link below to get started finding a support group in Delaware.
Divorce Support Groups

DOMESTIC VIOLENCE RESOURCES

DE Domestic Violence Services
Domestic Violence Resources
Coalition Against Domestic Violence - Delaware Chapter

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DIVORCE LAW

Delaware Complete Domestic Relations Laws

Copyright Notice: The following synopsis of divorce laws for the State of Delaware is an interpretation by WomansDivorce.com of the Domestic Relations Laws of Delaware Title 13 regarding divorce, annulment, custody, and support. Unauthorized reproduction of this material is prohibited and violation of this notice will result in immediate legal action.

RESIDENCY REQUIREMENTS: To file for a divorce in Delaware, you must first meet the residency requirements. You must have resided in the state, or have been stationed in the military in the state, for 6 months prior to filing for divorce.

FILING FOR DIVORCE IN DELAWARE: The divorce petition is filed in the Family Court of the State of Delaware in the county where either you or your spouse live. A divorce may proceed as uncontested if the respondent does not file an answer within 20 days or if the respondent files an answer agreeing the terms of the initial divorce petition. If the respondent files an answer challenging information or conditions in the petition, the divorce will proceed as contested and a hearing will be scheduled.

LEGAL SEPARATION: You and your spouse must be legally separated for 6 months before filing for a divorce. In order to be legally separated, you must not be having sexual relations or sharing a bed with each other, except for attempts at reconciliation. Spouses may, however, reside in the same house while separated, as long they occupy separate bedrooms and do not have sexual relations with each other.

After a divorce petition has been initiated, either party may request interim orders for residence of the home, temporary alimony, child custody and/or visitation, and child support,

LEGAL GROUNDS FOR DIVORCE: The sole ground for a divorce in Delaware is irretrievable breakdown of the marriage relationship based on the following conditions:

Separation by mutual consent; or
Separation due to misconduct, such as physical, mental or psychological abuse, adultery, desertion, alcohol or substance abuse, imprisonment for more than 1 year; or
Separation due to mental illness; or
Separation due to incompatibility, without regard to the fault of either party.

If you are filing on the grounds of separation due to misconduct, you do not have to be separated for any specified period of time. But you must prove the misconduct by presenting evidence of the transgressions to the Court before a divorce will be granted on this ground.

Genuine efforts to reconcile prior to divorce, even briefly resuming marital relations and sleeping in the same bed, shall not interrupt the period of living separate and apart, provided the parties haven't had sexual relations or occupied the same bedroom within the 30-day period prior to the Court hearing the petition for divorce.

GROUND FOR ANNULMENT: An annulment may be granted on the following grounds as long as the time requirements are met:

An annulment based on the following grounds must be filed no later than 90 days after the petitioner obtained knowledge of the described condition.

One partner lacked the capacity to willfully consent to the marriage, either due to mental incapacity or due to the influence of drugs, alcohol, or other incapacitating substances.
The marriage was entered into based on fraud or misrepresentation of the other party
The marriage was entered into under duress or pressure from the other party or a third party
One or both parties entered the marriage as a joke or a dare.

A petition for an annulment must be filed no later than 1 year after the petitioner obtained knowledge of the inability to consummate the marriage, and the petitioner was not made aware of this possibility at the time of the marriage.
An annulment must be filed no later than 1 year after the date the marriage if one of the partners was not old enough to be legally married and had not obtained the permission of his or her parents to marry. The annulment may be filed by the under-aged party or his or her parent or guardian.
An annulment may be sought by either party at any time prior to the death or final settlement of either party's estate if the marriage is prohibited or voidable due to bigamy or marriage between close relatives.

COUNSELING REQUIREMENTS:

In cases where there are children of the marriage under the age of 17, the Court shall order that the parties pay for and participate in a "Parenting Education Course" unless the Court, upon motion, determines that participation in the course is deemed not necessary. Parties do not have to attend the same course. Return to top

DIVISION OF PROPERTY: Property owned before the marriage is considered separated property. Inheritances and gifts (except gifts between spouses) received during the marriage are also considered separated property.

All property acquired during the marriage is considered martial property, regardless of whose name is on the title. If the parties cannot mutually agree on the division of assets, the court will divide the marital property equitably based on the following factors, without regard to marital misconduct:

How long the marriage lasted;
The age, health, employability, sources of income, liabilities, and needs of each party;
The capacity of each spouse to acquire future assets and income;
The contribution or dissipation of each spouse in the attainment, maintenance, depreciation or appreciation of the marital property, including the contribution as homemaker, husband, or wife;
The debts of the spouses;
The economic circumstances of each spouse at the time the property is divided, including the desirability of awarding the family home (or the right to live there for reasonable periods) to the custodial parent;
Whether the property was acquired by gift from the other spouse;
The value of the property awarded to each party;
Whether property is awarded in lieu of or in addition to alimony; and
The tax consequences of the property division.

ALIMONY: The court encourages parties to become self-sufficient. Alimony may be awarded if a spouse is dependent on the other party for support, lacks sufficient property to provide for him or herself after the divorce, is unable to be self-supporting through appropriate employment, or is caring for a child whose condition makes outside employment difficult. Alimony may be awarded for a period not to exceed 50% of the length of the marriage, with the exception of marriage which have lasted 20 years or longer. Factors to be considered in the awarding of alimony include:

The financial resources of the dependent spouse
The age, physical, and emotional conditions of both spouses
The time and expense required for the dependent spouse to receive education or training to become self-sufficient
The duration of the marriage and the standard of living established during the marriage
Contribution made by either spouse to the education, training, career or earning capacity of the other party
Whether either spouse has sacrificed or delayed economic, education or other career opportunities during the marriage; and
The ability of the obligated spouse to meet his or her needs while paying alimony;
Any other factor the Court deems appropriate to consider.

Alimony ceases upon the death of either party or the remarriage or cohabitation of the party receiving alimony, unless agreed to otherwise in writing.

NAME CHANGE: The court may include a provision in the decree, upon request or motion, for the resumption of a maiden or prior name.

CHILD CUSTODY: In Delaware, custody may be awarded to either the father or the mother, with no preference given due to the gender of the parent. If the parents cannot reach a mutual agreement concerning custody of the children, the court will determine the legal and physical custody based on the following factors:

The wishes of each parent concerning custody
The wishes of the child regarding which parent he or she wishes to live with
The relationship between the child with his or her parents, family members, persons cohabiting with either parent, any other people living in the household or people who may substantially affect the child's best interests;
The child's bonds to the home, school and community;
The mental and physical health of everyone involved;
The previous and current support, care, nurture, welfare and education of the child by both parents;
Proof of domestic violence including physical or sexual abuse, or threats of such, committed by one parent against the other parent, against any child living in either parent's home, or against any other adult living in the child's home; and
The criminal history of any party or any other resident of the household

Visitation shall be awarded to the non-custodial parent, unless the Court finds that such visitation would endanger the child. Any order by the Court denying or restricting a parent's access to a child shall specifically state the facts and conclusions in support of such a denial or restriction.

CHILD SUPPORT: Both parents have a duty to support a child until he or she reaches the age of 18. If the child is still in school when he or she turns 18, the duty to support the child shall be extended until the child receives a high school diploma or turns 19, whichever occurs first.

In Delaware, the amount of child support is determined using the Melson formula, taking into consideration both parents' incomes and the needs of the child. Either parent may file for a modification of the child support based on a substantial change in circumstances.

If the parents cannot provide for the child's minimum needs, a stepparent or a person cohabitating with the custodial parent shall be under a duty to provide for those needs. This duty only exists while the child lives with such stepparent or person, and the marriage or cohabitation continues.