Delaware divorce law covers a variety of issues, such as alimony, property distribution, child support and child custody. How the Delaware divorce laws affect you depend on the circumstances of your Delaware divorce. If you have any questions, connect with a local Delaware divorce attorney today.
For your convenience, the chart below summarizes a few of the key concepts of Delaware's divorce laws:
Couples may file for Delaware divorce under either no fault or fault grounds. In a no fault divorce, a marriage is considered irretrievably broken if the couple voluntarily separates.
Any efforts made by the couple to reconcile before divorce won't interrupt any period of living separate and apart, as long as the couple hasn't occupied the same bedroom or had sexual relations within the Delaware divorce waiting period after the Delaware divorce court has heard the divorce petition.
In fault divorce, the couple may file for Delaware divorce under the following grounds:
When a couple is filing for divorce, there may be state residency requirements that either or both spouses will need to meet. In Delaware divorce, the petitioner or respondent will need to reside continuously in the state for at least six months.
If either spouse is a member of the United States armed services, one party must be stationed continuously in the state for six months to file divorce.
The divorce petition may be filed in county where either spouse lives. Learn more about divorce state requirements, including Delaware divorce waiting periods and Delaware grounds for divorce.
During divorce, there will be divorce waiting periods to make sure that it isn't possible for the couple to reconcile. Some state divorce laws have divorce waiting periods before or after filing for divorce. There may also be a remarriage waiting period after the divorce is finalized.
In a Delaware divorce, the couple needs to wait six months before filing the divorce petition, as part of the Delaware residency requirement.
Once the divorce petition is filed, there is a 30 day waiting period after the decree has been entered by the court where it can be appealed. There isn't a remarriage waiting period after the Delaware divorce process has been finalized.
Delaware divorce courts follow equitable distribution laws in property division. The Delaware divorce court make decisions about property distribution in a fair manner, regardless of each spouse's conduct during the marriage and divorce.
Factors considered when dividing property during a Delaware divorce include:
If the couple is not able to reach an agreement about an alimony award during divorce, the Delaware divorce court will order one spouse to make alimony payments to another. Alimony may also be referred to as spousal support or spousal maintenance.
When determining alimony during a Delaware divorce, the divorce court will consider the following factors:
Usually divorce courts want to award joint child custody during a Delaware divorce - if it's in the best interest of the child. This allows the child to continue to have a relationship with both parents.
When the Delaware divorce court is considering child custody arrangements, the following factors will be considered:
Learn about your child custody rights today.
Visitation rights for grandparents aren't automatically granted in a Delaware divorce. Grandparents will need to petition the divorce court for child visitation, which will then determine if grandparent visitation is in the best interest of the child.
When deciding the best interest of the child, the Delaware divorce court will consider the following factors:
The petitioning grandparent must also submit an affidavit stating that he or she is aware the child has a right to:
In adoption, the grandparent visitation rights are terminated.
In a Delaware divorce, each parent has an equal responsibility to support any children from the marriage. When determining child support, the Delaware divorce court will consider the following factors:
Unpaid child support that has been ordered by the Delaware divorce court is subject to
During and after a Delaware divorce, the Division of Child Support Enforcement has authority to collect and enforce the payment of child support with the following techniques:
Please understand that this information is provided for illustration purposes only and is not legal advice. Speak to local Delaware divorce lawyers to learn more about Delaware divorce law by calling 877-349-1310 or calling Delaware divorce case review form. Protect your rights when filing for divorce.
The above synopsis of Delaware divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Delaware divorce lawyer in your area.
This "Delaware Divorce Laws" page was last updated July 2009.
Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.