Obtaining a divorce in the state of Delaware can often be a convoluted and intricate process, particularly if the duration of your marriage has been short. Nonetheless, Delaware law allows couples to file for divorce irrespective of the length of their marital union. Throughout this article, we will delve into the prerequisites and procedures for obtaining a divorce in Delaware, specifically tailored for individuals who have not been married for an extensive period.
Residency Requirements in Delaware
To initiate divorce proceedings in Delaware, either you or your spouse must satisfy the residency criteria. At least one spouse ought to have been a resident of Delaware for a minimum of six months prior to filing for a divorce.
Grounds for Divorce in Delaware
When filing for a divorce in Delaware, it is imperative to ascertain the grounds for dissolution. Delaware recognizes two categories of grounds for divorce: fault-based and no-fault.
Fault-Based Grounds for Divorce in Delaware
Fault-based grounds for divorce in Delaware consist of the following:
- Adultery
- Bigamy
- Impotence
- Habitual drunkenness
- Willful desertion or abandonment for a period of one year
- Physical or mental cruelty
No-Fault Grounds for Divorce in Delaware
Delaware allows for a no-fault ground for divorce known as "incompatibility." This implies the existence of irreconcilable differences between you and your spouse, which have essentially led to the disintegration of your marital relationship. It is crucial to note that Delaware does not necessitate a period of physical separation prior to filing for a no-fault divorce.
Filing for Divorce in Delaware
To initiate divorce proceedings in Delaware, you will be required to complete the requisite documentation and file it with the court. Necessary paperwork can be obtained either from the Delaware Family Court website or your local courthouse. Engaging the services of a family law attorney is advisable as they can provide invaluable guidance throughout the divorce process.
Division of Property in Delaware
During the dissolution of a marriage in Delaware, equitable division of marital property must be ensured. Marital property encompasses assets and liabilities acquired throughout the course of the marriage. Conversely, any property acquired prior to the marriage or through inheritance is considered separate property and will not be subject to division.
Child Custody and Support in Delaware
If you have children, the court will determine custody and support arrangements based on the child’s best interests. Delaware courts strongly encourage parents to collaborate in formulating a parenting plan that effectively outlines child custody and support. In the event that an agreement cannot be reached, the court will render a final decision.
Conclusion
While seeking a divorce in Delaware may prove to be a complex process for couples with a relatively short marriage, it is crucial to comprehend the prerequisites and procedures involved. Armed with this knowledge, you can make informed decisions and work toward a successful resolution. Remember, it is imperative to consult with a family law attorney who specializes in divorce proceedings to guide you at every step of the process, ultimately ensuring the best possible outcome.