Delaware Divorce

Residency Requirements

Before filing for divorce in Delaware, you must be certain that you satisfy the residency requirements. In order to file for divorce in Delaware, either you or your spouse must have lived in the state for at least six months.

Grounds for Divorce

Delaware is a no-fault divorce state. When you file for a Delaware divorce, you only need to state that the marriage is irretrievably broken and that there is no chance of a reconciliation happening. Generally, the marriage is irretrievably broken if there is any of the following:

• Voluntary separation
• Separation caused by your spouse’s misconduct
• Separation caused by your spouse’s mental illness
• Separation caused by incompatibility

Financial Issues

In any divorce, the couple will be faced with numerous financial issues. The couple will need to divide their property and their debts. The court may even determine that one spouse must provide the other with spousal support.

It is important to understand the complex financial issues you may be faced with in your divorce. Consider consulting with an attorney and, in some circumstances, an accountant throughout the divorce process.

Alimony

In any Delaware divorce, the issue of spousal support or alimony may be raised. The spouses may agree upon alimony between themselves. However, if there is a dispute as to alimony, the issue is left to the court’s discretion.

Generally, when deciding the issue of alimony, the court will consider the length of the marriage, the age, health, income, education, and needs of each party.

Dividing the Property

Delaware divorce law requires a pure "equitable distribution" of the property. Equitable does not mean equal, but rather what is fair for both parties. Thus, in Delaware, all property of the parties may be distributed. This includes property that was acquired prior to the marriage. The court will consider the following factors when dividing the property:

• Length of the marriage
• The needs of each of the parties
• The age, health, occupation, and employability of each party
• Whether the property was acquired by gift
• The debts of the parties
• The value of allowing the children to remain in the family home

Considering the Children

When any children are involved in a divorce case, the Delaware divorce courts will go to great length to make the process less stressful or damaging. If the divorcing parents cannot reach a fair agreement regarding the custody of the children, the court will step in and resolve the issue. It is usually best for the children if the parents can reach an agreement instead of fighting the child custody issue out in court.

Custody

The Delaware divorce court is not allowed to consider the gender of the parents when determining custody. For instance, the court is not allowed to assume that all little boys belong with their fathers. The court is not even allowed to assume that all newborns must stay with their mothers.

Whenever the court is forced to resolve the child custody issue, the court must figure out what is in the best interests of the child. To figure out what is in the best interests of the child, the court considers several factors including:

• The wishes of the child's parents as to his or her living arrangements
• The wishes of the child as to his or her living arrangement
• The interaction of the child with siblings, grandparents, or other members of the extended family
• The child's adjustment to his or her home, school, and community
• The emotional and physical health of the entire family
• Evidence of domestic violence on the child, other family members, or anyone else

Other Resources

• Family Court of Delaware
• Delaware divorce forms