Best Family Lawyers in Delaware

About Family Law in Delaware, United States

Family law in Delaware covers a wide range of legal issues concerning families, relationships, and domestic matters. This area of law deals with marriage, divorce, child custody and support, adoption, protection from abuse, paternity, and other similar issues. Delaware’s Family Court has jurisdiction over most cases involving families and children, aiming to ensure fair and just solutions that protect the best interests of all involved, especially minors.

Why You May Need a Lawyer

Seeking help from a family law attorney in Delaware can be essential in various circumstances. Common situations where legal assistance is needed include:

• Filing for divorce or responding to divorce papers
• Negotiating child custody and visitation rights
• Determining and enforcing child support payments
• Establishing or contesting paternity
• Legalizing adoptions, including step-parent and relative adoptions
• Creating or modifying prenuptial and postnuptial agreements
• Seeking protection from abuse or responding to allegations of abuse
• Handling guardianship or emancipation concerns

An attorney can help you understand your rights, navigate complex legal procedures, represent you in court, and work towards a resolution in your favor.

Local Laws Overview

Delaware has specific statutes, court rules, and procedures covering family-related disputes. Some key aspects include:

• No-fault divorce: Delaware allows no-fault divorce based on irretrievable breakdown of the marriage, with at least six months’ separation typically required.
• Property division: Delaware is an equitable distribution state, meaning marital property is divided fairly, though not always equally.
• Child custody: Family courts decide custody based on the best interests of the child, considering factors such as parental fitness, wishes of the child (when appropriate), and stability.
• Child support: The state uses the Delaware Child Support Formula, a guideline that includes both parents’ incomes and necessary expenses.
• Protection from abuse: Victims can file for Protection From Abuse (PFA) orders to safeguard themselves and their children from harm.
• Adoption procedures: Adoption requires court approval, background checks, and can include both agency and independent adoptions.
• Guardianship: Delaware courts oversee cases where a guardian for a minor or incapacitated adult is necessary due to the inability of parents to provide care.

Frequently Asked Questions

What are the main grounds for divorce in Delaware?

Delaware allows no-fault divorce if the marriage is irretrievably broken. Neither spouse needs to prove wrongdoing. In some cases, separation of at least six months is required.

How is child custody decided in Delaware?

Courts consider the best interests of the child, including each parent’s ability to care for the child, the child’s wishes (if mature enough), and any history of abuse or neglect. Both joint and sole custody options are available.

How is child support calculated?

Child support is based on the combined incomes of both parents, the needs of the child, and certain allowable deductions. Delaware follows the Delaware Child Support Formula to determine the amount.

What is the process to get a Protection From Abuse order?

A person seeking protection must file a petition in Family Court. If the judge finds immediate harm, a temporary order may be issued, followed by a hearing for a permanent order.

Can grandparents get visitation rights?

Grandparents can petition the court for visitation if it is in the best interests of the child, especially if a parent is deceased, incarcerated, or if the parents are divorced.

What is required to adopt a child in Delaware?

Adoptions involve home studies, background checks, and court approval. Both agency and private adoptions are permitted, and consent of biological parents is generally required unless rights are terminated.

How are assets divided in a Delaware divorce?

Marital assets are divided equitably based on various factors, such as duration of marriage, contributions by each spouse, and economic circumstances. Equitable does not always mean equal.

Do both parents have equal rights regarding their child?

Yes, unless a court determines otherwise due to issues such as abuse, neglect, or unfitness, both parents start with equal rights and responsibilities toward their child.

What should I do if I have been served with divorce or custody papers?

You should respond promptly, follow all court deadlines, and strongly consider consulting a family law attorney to ensure your rights and interests are protected.

How do I establish paternity in Delaware?

Paternity can be established voluntarily at birth by signing an Acknowledgement of Paternity form, or through a court order based on genetic testing if there is a dispute.

Additional Resources

If you need further help, the following resources can provide information and assistance:

• Delaware Family Court: Handles all family law cases and offers self-help resources
• Office of Child Support Services: Assists with establishing paternity and collecting child support
• Delaware State Bar Association: Offers lawyer referral services
• Legal Services Corporation of Delaware: Provides free or low-cost legal aid for qualifying individuals
• Domestic Violence Hotlines: Offers emergency support and guidance for those experiencing abuse

Next Steps

If you are facing a family law issue in Delaware, consider the following steps:

• Gather all relevant documents such as marriage certificates, pay stubs, custody agreements, and court notices
• Contact a qualified family law attorney for an initial consultation to understand your options
• Review local court procedures on the Delaware Family Court website or seek guidance from legal aid organizations if cost is a concern
• If in immediate danger, contact law enforcement or a local domestic violence shelter for help
• Stay informed about updates in family law that may impact your case

Taking early and informed action can help protect your rights and achieve a resolution that serves your family's best interests.