Before you dive headfirst into divorce, you’re smart to learn all about your state’s laws and family law rules. Here is an overview of the key aspects of divorce in Delaware.
To file for divorce in Delaware:
Delaware recognizes both no-fault and fault-based grounds for divorce.
No-fault divorce: Based on the irretrievable breakdown of the marriage due to:
Fault-based divorce grounds include misconduct such as adultery, physical or mental abuse, desertion, habitual drunkenness, and other forms of spousal misconduct.
There is no separation requirement before you can file for divorce, and while you will have a waiting period of 6 months after filing all your paperwork, there is no wait to file the petition to begin the divorce.
The fee for filing a divorce petition in Delaware is around $150 and may vary by county. Additional costs may include fees for serving papers, mediation sessions, attorney fees, and court costs.
If unable to afford the filing fee, you may apply for a waiver based on financial hardship.
Delaware follows the principle of equitable distribution. Marital property is divided fairly, though not necessarily equally, based on factors such as the length of the marriage, each spouse's financial contributions, and future needs.
Property acquired during the marriage is typically considered marital property, while assets owned before the marriage or received as gifts/inheritances are considered separate property.
Alimony may be awarded based on factors including:
Alimony can be temporary or permanent, depending on the circumstances.
More about alimony in Delaware here
Child custody is determined based on the best interests of the child, considering factors such as each parent's ability to provide care, the child's relationship with each parent, and any history of abuse or neglect.
Child support is calculated using state guidelines that consider both parents' incomes, the needs of the child, and the custody arrangement.
Family Court determines the amount of support by using the Delaware Child Support Formula Calculation. It may also establish a medical support order, if needed, on behalf of the child.
Either the service member or their spouse must meet residency requirements to file in Delaware. SCRA applies, as do military retirement rules.
Delaware does not have a formal process for legal separation, but spouses may live separately and address issues such as property division and support through legally binding agreements.
Granted only in specific, rare circumstances where the marriage is deemed legally invalid, such as cases involving fraud, bigamy, or incapacity.
You can file most, if not all, of your divorce forms online via Delaware’s e-filing platform, eFlex.
You can file as a single person if you are divorced or legally separated on or before December 31 of that tax year.
You may need to make important updates, revisions, and future modifications after your divorce. See our list of things to consider.
Navigating a divorce in Delaware involves understanding state-specific procedures and requirements. From meeting residency criteria to comprehending property division and support obligations, being well-informed can facilitate a smoother process. Schedule a call with us or explore our plans to better understand your options.