About Divorce & Separation Law in Delaware, United States
Divorce and separation laws in Delaware govern the legal process of ending a marriage or legally separating from a spouse. Delaware is a "no-fault" divorce state, which means that neither spouse has to prove wrongdoing to obtain a divorce. Instead, the couple must demonstrate that the marriage is irretrievably broken and cannot be repaired. The Family Court of the State of Delaware handles all divorce and separation cases, as well as related matters such as property division, alimony, child custody, and child support.
Why You May Need a Lawyer
Although some couples may pursue a divorce without legal representation, consulting with a lawyer is often advisable. You may need a lawyer if:
- There are disputes over child custody or visitation
- You or your spouse own significant assets, property, or complex financial accounts
- You are concerned about receiving or paying alimony or child support
- You suspect your spouse is hiding assets or income
- Domestic violence or abuse is involved
- You are unfamiliar with the legal process and want to protect your rights
- There are disagreements about dividing debts or property
- You need help understanding or drafting legal documents
A lawyer can help ensure your interests are protected, provide advice on your legal options, assist with negotiations or court proceedings, and help you achieve a fair resolution.
Local Laws Overview
Delaware divorce and separation laws include several key aspects that differ from other states:
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Residency Requirement: At least one spouse must have lived in Delaware for at least six months before filing for divorce.
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Grounds for Divorce: Delaware is a no-fault divorce state. The only ground required is that the marriage is irretrievably broken, and reconciliation is not possible. Fault is generally not considered.
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Waiting Period: There is a minimum sixty-day waiting period after filing before the divorce can be finalized, unless there are extraordinary circumstances.
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Property Division: Delaware follows the principle of equitable distribution. The court divides marital property in a way it determines to be fair, but not necessarily equal.
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Alimony: The court may order temporary, short-term, or permanent alimony depending on factors like duration of the marriage, financial situation, and ability to be self-supporting.
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Child Custody and Support: The court prioritizes the best interests of the child when deciding custody arrangements. Child support is calculated using specific guidelines and takes both parents' income into account.
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Legal Separation: Delaware recognizes legal separation, which allows spouses to live apart and resolve support or custody issues without dissolving the marriage.
Frequently Asked Questions
What are the residency requirements to file for divorce in Delaware?
At least one spouse must have lived in Delaware for at least six months prior to filing for divorce.
Is Delaware a no-fault divorce state?
Yes, Delaware is a no-fault divorce state. You only need to state that the marriage is irretrievably broken.
How long does it take to get a divorce in Delaware?
The earliest a divorce can be granted is sixty days after the petition is filed. Contested divorces or complex cases may take longer.
How is property divided in a Delaware divorce?
Marital property is divided according to equitable distribution, meaning assets are divided fairly but not always equally.
Can I get alimony in Delaware?
The court can award temporary or permanent alimony based on factors such as the length of the marriage and the financial circumstances of each spouse.
How does the court determine child custody?
The court considers the best interests of the child when deciding custody, looking at factors like relationships, the child's needs, and each parent's living situation.
How is child support calculated?
Child support is calculated using Delaware Child Support Formula, which considers both parents' incomes, number of children, and certain expenses.
What is legal separation in Delaware?
Legal separation allows spouses to live separately and resolve support, custody, and property matters without dissolving the marriage.
Do I have to go to court to get a divorce?
Most divorces require at least one court appearance, especially if there are contested issues or if both parties do not agree on all terms.
Can I represent myself in a divorce proceeding?
Yes, you are allowed to represent yourself, but it is often recommended to consult a lawyer, especially if your case involves children, property, or complex financial matters.
Additional Resources
Several resources and organizations can help Delaware residents seeking legal advice or assistance for divorce and separation:
- Family Court of the State of Delaware - The court that handles all divorce, separation, custody, and support cases in Delaware
- Delaware Volunteer Legal Services - Offers free legal help for low-income residents
- Community Legal Aid Society, Inc. (CLASI) - Provides legal services to eligible individuals in Delaware
- Delaware State Bar Association - Can provide lawyer referrals and resources
- Office of the Child Advocate - Provides information and resources for matters involving child welfare and custody
Next Steps
If you are considering divorce or legal separation in Delaware, the following steps can help guide you:
- Determine your eligibility based on residency and grounds for divorce.
- Gather documentation including financial records, property deeds, and information relevant to children, if applicable.
- Consult with a qualified Delaware family law attorney to understand your rights and options.
- Consider mediation or negotiation to resolve disputes prior to filing in court.
- File the necessary paperwork with the Family Court of the State of Delaware, or seek legal help to ensure proper filing.
- Prepare for court appearances and be ready to provide any required information.
- Utilize local legal aid resources if you cannot afford private counsel.
Taking these steps can help protect your legal interests and position you for the best possible outcome during divorce or separation proceedings in Delaware.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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