Marriages are meant to last, but sometimes things don’t go as planned. In some cases, feelings simply change, and the partners decide to part with their separate ways. When it comes to divorce, things can get complicated if one partner is not a U.S. citizen. Here’s what you need to know about getting a divorce in Delaware if your spouse is not a U.S. citizen.
Jurisdiction of Delaware Divorce
The jurisdiction of divorce is essential while filing a divorce. Typically, people file for divorce in the state where they live. However, if either you or your spouse has lived in Delaware for six months, you can file here. Additionally, the court of Delaware has jurisdiction over your marriage if you both lived in Delaware when you got married.
Residency Requirements
If you wish to file for a divorce in Delaware, you must have resided in Delaware for at least six months. If you meet this requirement and intend to live in Delaware indefinitely, you can file for a divorce in the state.
No-Fault Divorce
Delaware allows for both no-fault and fault-based divorces. A no-fault divorce means that neither spouse is responsible for the breakdown of the marriage. Instead, either spouse needs to demonstrate "irreconcilable differences" which led to marriage breakdown. As long as you have lived in Delaware for at least six months, you can file for a no-fault divorce.
Division of Property
In Delaware, the court follows "equitable distribution" laws during property division disputes. This means that the court will divide all marital property "fairly," but it may not be a 50-50 split.
Spousal Support
If one spouse is reliant on the other financially, they may be eligible for spousal support. The court decides the amount based on various factors, including the financial status of both partners, their standard of living, and the length of the marriage.
Child Custody and Support
If you and your spouse have children, the court will decide matters related to child custody and support. Delaware courts prefer joint custody arrangements but, however, ultimately aim for the children’s best interests. On the other hand, child support is calculated based on several factors, including the children’s needs and the financial status of both parents.
Immigration Issues
If your spouse is not a U.S. citizen, the divorce may have immigration-related implications. For instance, if your spouse relies on a green card that you sponsored, the divorce could jeopardize their residency status. It is essential to seek counsel in such a situation, so you understand the consequences of your actions.
Conclusion
Regardless of the citizenship status of your ex-spouse, getting a divorce is an emotionally and mentally stressful experience. However, if you understand the laws and regulations of Delaware, you will be able to get through the divorce process quickly and efficiently. In a case where your spouse is not a U.S. citizen, it’s essential to seek counsel to avoid any unforeseen consequences.