Delaware Divorce Law

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Delaware Divorce Guidelines

Delaware's Residency Requirements

Either the spouse must have been a Delaware resident for 6 months or more before filing for divorce.

 

Delaware's Grounds for Divorce

Delaware residents may file for divorce under fault or no-fault grounds.

Delaware's no-fault grounds include:

  • irretrievable breakdown of the marriage without reconciliation
  • living apart for 6 months or more due to incompatibility

Delaware's fault grounds is:

  • separation caused by insanity
 

Delaware's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Delaware court will make a ruling.

Delaware courts consider factors such as:

  • the wishes of the child, if of sufficient age and mental capacity
  • the child's adjustment to the community, school, and home
  • each parent's conduct and relationship with the child
 

Delaware's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Delaware courts consider factors such as:

  • the standard of living experienced by the child during the marriage
  • each parent's earning capacity
  • needs of the child
 

Delaware's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Delaware courts will consider factors such as:

  • whether a spouse was financially dependent on the other
  • each spouse's ability to support themselves
  • the distribution of property
 

Delaware's Property Division Guidelines

Delaware has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Delaware courts will consider factors such as:

  • each spouse's contribution to the property, including acquisition and upkeep of property
  • each spouse's marketable skills, employability, and income
  • duration of the marriage
 

Delaware's Venue Guidelines

The petitioner may file the divorce forms in their Delaware county of residence, or in the respondent's Delaware county of residence.

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  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

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  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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Jun 18, 2012
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We offer more than a divorce preparation service:

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Free Name Change for Wives:  Our service offers the ability to change your name at no extra cost.

Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

FREE Help on "Life After Divorce:"  We have a library of guides and ebooks on starting your life over.  Everything from help to avoid unhealthy relationship to how to talk to you kids about divorce.

Unlimited Customer Support: Rest assured that there is always someone to talk to Monday-Friday between 7am and 4pm PST by calling 1-800-858-9891.

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