When couples in Delaware decide their marriage is coming to an end, they might be overwhelmed with all the legal terms and steps they need to understand before filing for divorce. Delaware divorce laws are unique, and to ensure that things go as smoothly as possible, it’s important to know what you’ll need to do every step of the way. This article will provide you with all the information you need before filing for divorce in Delaware.
Grounds for Divorce in Delaware
To file for divorce in Delaware, you need to have valid grounds for divorce. The state allows for both fault-based and no-fault divorce. Here are the grounds for divorce in Delaware:
- Adultery
- Desertion
- Separation for six months
- Incompatibility
- Habitual drunkenness
- Mental cruelty
- Insanity
It’s important to note that Delaware is a no-fault state, which means that the courts don’t require either spouse to blame the other for the breakup of the marriage. Instead, the grounds of separation for six months or incompatibility are used more often.
Residency Requirements in Delaware
In order to file for divorce in Delaware, one of the spouses must be a resident of the state for at least six months before filing. The divorce petition can be filed in the county where either spouse is a resident.
Property Division in Delaware
Like many other states, property division in Delaware is based on the principle of equitable distribution. Equitable distribution means that the court will divide marital property in a manner that is fair and just, but not necessarily equal.
Spousal Support in Delaware
Spousal support, also known as alimony, is not guaranteed in Delaware, but it can be awarded on a case-by-case basis. The award of spousal support will depend on various factors, including the length of the marriage and the ability of each spouse to support themselves.
Child Custody and Support in Delaware
In Delaware, child custody is based on the best interests of the child. Delaware courts encourage parents to work out a custody agreement on their own, but if they are unable to agree, the court will make a decision based on what is in the child’s best interests. Child support is calculated based on the income of each parent and the child’s needs.
Filing for Divorce in Delaware
The process of filing for divorce in Delaware starts with the filing of a “complaint for divorce” in the county where either spouse resides. The filing spouse must serve the other spouse with a copy of the complaint within 30 days of filing the petition.
Delaware Divorce Mediation
In Delaware, couples can use mediation to reach an agreement about the terms of their divorce. Mediation is a more informal process that allows couples to negotiate a settlement with the help of a neutral third party. Mediation can help couples avoid a costly and adversarial court battle.
Divorce with Kids in Delaware
If you have children and are getting a divorce in Delaware, you’ll need to address many important issues, including child custody, visitation, and child support. The Delaware Child Support Formula helps to calculate the amount of child support one of the parents might have to pay.
Finalizing Your Divorce in Delaware
Once all the issues related to the divorce have been settled, the last step is to finalize the divorce. After a judge approves the divorce agreement, a decree of divorce will be issued.
Conclusion
Divorce can be a difficult process, but with the right information and guidance, it can be smoother and less stressful. Knowing Delaware’s divorce laws before filing can help you make informed decisions throughout the divorce process. Remember, it’s always a good idea to consult with an experienced attorney to help guide you through the complexities of divorce law in Delaware.