Delaware Divorce
Information and FAQ
At least one of the parties to the action for divorce must have
resided within the State of Delaware for at least six continuous
months immediately prior to the commencement of the action for
divorce. The petition may be filed in the county where either party
resides. DCA 13-1504, 13-1507
Grounds for divorce A decree of divorce will be granted in the
State of Delaware upon a finding that the marriage is irretrievably
broken and that reconciliation is improbable. A marriage is
irretrievably broken where it is characterized by:
1. Voluntary separation; 2. Separation caused by the respondent's
misconduct; 3. Separation caused by the respondent's mental illness;
4. Separation caused by incompatibility. DCA 13-1505
Waiting period No divorce shall be granted until after the
parties have been separated for a period of six months. DCA 13-1507
Name of court and title of action/parties An action for divorce
filed within the State of Delaware is filed with the Family Court.
The title of the action initiating the divorce proceeding is a
Petition for Divorce, while the title of the action granting the
divorce is referred to as the Decree of Divorce. The party filing
the action is called the Petitioner, while the other party to the
divorce is referred to as the Respondent. DCA 13-1507 Simplified
divorce proceeding Although there is no simplified divorce
proceeding in the State of Delaware, the respondent may file an
answer and waiver of service of process, thereby dispensing with
further service and notice issues in the proceeding. If the divorce
is uncontested, the court shall rule on the petition at a hearing
which only the petitioner need attend and testify. DCA 13-1508,
13-1517
Legal separation There are no provisions within Delaware State
law that recognizes legal separation.
Conciliation/mediation In cases involving minor children of the
marriage, the court shall order that the parties participate in a
Parenting Education Course designed to educate the parties on the
impact of divorce on children. In addition, if the divorce
proceeding is contested, the court may continue the proceeding with
the consent of the parties for up to sixty days so that the parties
may seek counseling. DCA 13-1507, 13-1517
Alimony The court may award alimony to either party. Unless the
parties were married for 20 years or longer, the term of an award of
alimony shall not exceed one-half the term of the marriage. Any
person awarded alimony has a continuing obligation to make good
faith efforts to seek appropriate vocational training and
employment, unless the court specifically finds that it would be
inequitable to require the party to do so. Unless otherwise agreed
in writing, the obligation to pay alimony terminates upon the death
of either party or the remarriage or cohabitation of the party
receiving alimony. The court will award alimony, without regard to
fault, in such amount and for such times as the court deems
appropriate, after consideration of the following factors: 1. The
financial resources of the party seeking alimony;
2. The time and expense necessary to acquire sufficient education
and training to enable the party seeking alimony to find appropriate
employment;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age, physical and emotional condition of both parties;
6. Any financial or other contribution made by either party to
the education, training, vocational skills, career or earning
capacity of the other party;
7. The ability of the paying spouse to meet his needs while
paying alimony;
8. Tax consequences;
9. Whether either party has foregone or postponed economic,
education, or other employment opportunities during the course of
the marriage;
10. Any other factor the court deems just and appropriate to
consider. DCA 13-1512
Distribution of property Delaware is an equitable distribution
state, which means that the court will divide the marital property
as it deems equitable and just among the parties, after setting
aside to each spouse that party's separate property. Factors the
court will consider in distributing the marital property include: 1.
The length of the marriage;
2. Any prior marriage of the parties;
3. The age, health, station, amount and sources of income,
vocationalskills, employability, estate, liabilities and needs of
each party;
4. Whether the property is awarded in lieu of or in addition to
alimony;
5. The opportunity of each party for future acquisition of
capital assets and income;
6. Each party's contribution to the acquisition, preservation,
depreciation, dissipation or appreciation of the marital property;
7. The value of the property set aside to each spouse;
8. The economic circumstances of each party at the time the
division of property is to take effect;
9. The debts of the parties;
10. Tax consequences. DCA 13-1513
Child Custody The court shall determine the custody of any minor
children of the marriage based upon the best interests of the child.
In determining the child's best interests, the court shall consider
the following factors: 1. The wishes of the parents; 2. The wishes
of the child; 3. The interaction and interrelationship of the child
with parents, grandparents, siblings and any other person whose
relationship significantly affects the child; 4. The child's
adjustment to home, school and community; 5. The physical and mental
health of all parties; 6. Evidence of domestic violence.
Each parent has an equal right to receive all records of the
child, such as school, medical or dental records. In addition, each
parent has right to reasonable access to the child by telephone or
mail. DCA 13-722
Child support Each party has a duty to support any minor children
of the marriage. In determining the amount of support to be awarded,
the court will consider many factors, including:
1. The health, relative economic condition, financial
circumstance, income, including the wages, and earning capacity of
the parties, including the children;
2. The manner of living to which the parties have been accustomed
when they were living under the same roof;
3. The general equities inherent in the situation. DCA 13-514
Name change Upon request, the court may order that a party may
resume the use of any former or maiden name. DCA 13-1514
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