Find the answers to your Delaware divorce questions here. Legal separations are allowed in Delaware and mainly require that the separated couple not share the same bedroom though they can share the same house , and not have sexual relations with one another. Delaware has both fault and no-fault grounds for divorce.
Fault-based divorces, on the other hand, require more specific reasoning, such as: adultery, abandonment, abuse, mental illness and more. In addition, the parties must have been separated, not sleeping together or having sexual relations for the day period preceding the first court date for the divorce petition. To file for divorce, a party must have resided in the state for six months at the time of filing and be separated from the spouse at the time.
The divorce petition must be filed in the local court with jurisdiction over the county in which either party resides. Availability of Simplified or Special Divorce Procedures:. If a divorce petition is filed and 20 days elapse without an answer, or an answer is filed but it agrees with all the requests of the divorce in their entirety, then this uncontested petition will be tried without any further notice or hearing requirements.
Divorce Mediation in Delaware :.
Delaware is a no-fault state. When you fill out the petition for divorce, you must certify that you are unlikely to get back together, and that your marriage is irretrievably broken due to one of the following reasons:. While you should always seek legal advice from a qualified lawyer, the Delaware courts offer an instruction booklet for representing yourself in your divorce, and an answer packet for answering a divorce summons.
To start the divorce process in Delaware you:. If your spouse doesn't respond, or doesn't contest the grounds for divorce, you may proceed without a hearing for the divorce decree. If your spouse does respond, you will proceed with hearing before the commissioner to decide on your divorce, and potentially another hearing before a judge to decide on matters like property division, alimony, or child custody and support. Page six of Delaware's guide on divorce outlines what happens in a contested vs an uncontested divorce.
How to File for No Fault Divorce in Delaware - State Requirements and Documents
When it comes to property division in divorce, Delaware is an equitable distribution state, and all marital assets are subject to division. Marital assets are distinct from so-called "separate property.
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Examples of separate property include inheritances, personal injury settlements or property that both spouses agree is not marital property. The court considers many factors when deciding how to divide marital assets, including, but not limited to:. Like most states, Delaware courts have broad discretion when it comes to awarding alimony.
Grounds for Divorce in Delaware | DivorceNet
They don't automatically give it to one spouse just because the spouse asks for it. Courts can award a couple different types of alimony in Delaware. For example, they can award it temporarily while the case is still pending. They can also give one party alimony while that party is attending a job training program.
According to Delaware law , courts consider several factors when deciding whether alimony is appropriate in a given case:. When a divorce involves children, the Delaware divorce courts go to great lengths to protect them from the divorce process. If the divorcing parents cannot reach a fair agreement regarding the custody of the children, the court steps in and resolves the issue.
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