Delaware Divorce Law

Any marriage dissolution is a very complicated and emotionally difficult procedure that is associated with many hardships and obstacles on the way to ending your marriage. Divorce in Delaware is no exception. However, with an uncontested breakup, you’ll be able to deal with the process much quicker. But this is only possible if you are on friendly terms with your spouse and can quickly resolve such problems as property distribution, child support and alimony.

According to the divorce laws in Delaware, a simplified uncontested procedure will let you avoid asking attorneys for legal help, which will cut down your costs and prevent other complications. If you want to split up with your spouse quicker, you just need to come to a consensus with them about various issues faced during the breakup.

Additionally, knowledge of DE divorce laws may help you out considerably, so make sure you know what requirements you must meet and what other steps you should take to deal with the procedure without effort or stress.

As a rule, before you apply for divorce in this state, you must check if you meet the Delaware divorce requirements for residency, which include:

  • You must have lived within the state for at least half a year.
  • You must file the papers with the court located in the county where either you or your spouse lives.
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What’s more, there are many other demands that you should take into account. For example, if there are minor kids in the family, you should consider what arrangements you will make for them to guarantee that they get your support after the breakup.

Useful details about Delaware divorce laws

An uncontested procedure doesn’t require you to find fault-based grounds for the case. On the contrary, your petition will only include faultless reasons for divorce. Thus, you just need to state that your marriage is irretrievably broken.

Nevertheless, when you are getting divorced based on fault-related reasons, the following factors may apply to your case:

  • Violent behavior targeting the other spouse
  • Adultery
  • Long-term abandonment
  • Untreatable insanity.

The Delaware divorce laws on infidelity presuppose that you can split up with your spouse if they have committed adultery. However, in this case, you’ll have to go through the contested case and give evidence.

Meanwhile, if you qualify for an uncontested breakup, you may need to meet one of the following separation requirements:

  • Your separation should be voluntary
  • It must be based on such reasons as wrongful behavior of the responding spouse or his/her mental illness
  • It must have happened because of your incompatibility.

There are many other things to consider when splitting up with your spouse, so make sure you learn about the procedure beforehand.

Divorce in Delaware: Questions

Many people are wondering what conditions they should meet to get alimony in this state. In fact, when it’s an uncontested procedure, this question should be answered peacefully with your spouse. If it’s impossible to resolve this issue calmly, the final decision will be made by the judge after a hearing.

Delaware divorce laws on alimony presuppose that the final verdict will be based on the following considerations:

  • Your health
  • Earnings and income level
  • Educational background
  • Financial capabilities
  • Ages of spouses, etc.

The period of alimony may reach as much as half the duration of your marriage. Note that spousal misconduct is not regarded as a good enough reason for assigning alimony.

As for the Delaware divorce laws on property division, this state accepts “equitable distribution” where all your belongings will be divided equally, including debts, belongings, and assets, among others.

States divorce law