Delaware

Divorce Residency Requirements To Get Divorce In Delaware

If you wish to file for divorce in Delaware, one or both of the spouses must have lived in the state for at least six months or have been stationed as a member of a military for six months.

Reasons For Divorce In Delaware

Grounds for divorce in Delaware occur when there is an irretrievable breakdown of the marriage. This breakdown is deemed to have occurred when there is either a voluntary separation of six months, insanity, incompatibility or separation caused by a defendant’s misconduct including adultery, conviction of a serious crime, bigamy, dissertation, homosexuality, physical or mental abuse, refusal to perform marital obligations, drug abuse, and others.

Custody Of The Children In Delaware

The divorcing spouses can agree to either joint or sole legal and physical custody of the children. In a contested situation, the court may award joint or sole legal custody. Residential arrangements (physical custody) are determined based on what would be in the best interests of the child.

A few of the factors the court will consider with custody decisions are the bond between parents and children, wishes of parents, wishes of children and adjustment to home, school, and community.

Parents of children under age 17 must participate in a parenting education course, at their own cost, unless the court determines that participation is unnecessary. The course can prepare parents for what it is like to be involved in a shared parenting situation and how to make the process as smooth as possible for the children.

Delaware Child Support Guidelines

The standard child support guidelines in the state of Delaware apply in almost all cases, barring extraordinary circumstances. The gross incomes of both parties, as well as child-related expenses, are taken into consideration when making this calculation. Support continues until children reach age 18 and it may extend through the completion of secondary education.

Divorce Mediation

In Delaware, any civil matter, including those relating to divorce, can be referred for voluntary arbitration. Parties can agree to submit any disputed issues for arbitration either before or after the initiation of separation. Mediation is one way that parties can resolve contested matters before they choose to file their divorce papers, perhaps allowing the divorce to go through as an uncontested divorce which would save time and money.

Filing Fees

The fees charged for Divorce.com are in addition to charges for filing with the local court. For up-to-date information on filing fees, we provide an easy way to look up the filing fees for your area. This ensures that you have a clear picture of all expenses specific to your situation before moving forward.