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.