Divorce in Delaware follows a clear but sometimes misunderstood legal process. Understanding what to expect can help reduce stress and allow you to make informed decisions. Whether you're filing in Wilmington, Dover, or a rural county, the steps are generally the same across the state.
Residency Requirements
To file for divorce in Delaware, at least one spouse must have lived in the state for a minimum of six months prior to filing. The divorce is typically filed in the Family Court of the county where either party resides. Residency must be established and may need to be proven with documentation such as a lease, driver's license, or utility bills.
Grounds for Divorce
Delaware is a no-fault divorce state. The only required ground is that the marriage is irretrievably broken. This means the couple has serious marital issues that cannot be resolved. The spouses must be separated for at least six months before a divorce can be finalized. Living separately can include residing in the same home but without sharing a bedroom or marital duties.
Starting the Divorce
The process begins when one spouse files a Petition for Divorce with the Family Court. The other spouse must be served with legal notice of the petition, either in person or by certified mail. If the responding spouse does not answer within 20 days, the court may proceed with a default judgment.
Mandatory Separation
Delaware requires a six-month separation period before granting a divorce. This is intended to give the couple time to reconsider their decision. The separation can occur within the same household if the couple lives in separate quarters and does not engage in marital relations.
Financial Disclosures
Both parties must complete financial disclosure forms that list income, assets, debts, and expenses. These are used by the court to determine fair property division, spousal support, and child-related financial obligations.
Temporary Orders
During the divorce process, either party may request temporary orders for things like child custody, child support, spousal maintenance, and use of shared property. These orders provide short-term solutions while the case is pending.
Property Division
Delaware follows the principle of equitable distribution, which means marital property is divided fairly, though not always equally. Courts consider factors such as the length of the marriage, contributions by each spouse, and future earning potential. Separate property — assets owned before the marriage or inherited — usually remains with the original owner.
Spousal Support
Spousal support, also called alimony, may be awarded based on one spouse's financial need and the other's ability to pay. The court looks at factors including the standard of living during the marriage, the age and health of both spouses, and the time needed for a dependent spouse to become self-supporting.
Child Custody and Support
Delaware courts prioritize the best interests of the child when making custody decisions. Joint custody is often encouraged, but sole custody may be granted if warranted. Child support is calculated using a state formula that considers both parents' incomes, childcare costs, and the number of overnights spent with each parent.
Finalizing the Divorce
Once all issues are resolved, the court issues a Decree of Divorce. This document legally ends the marriage and outlines all terms, including support, custody, and property division. If the spouses agree on all terms, the divorce may proceed more quickly than a contested case.
"Delaware's divorce process is designed to be fair and balanced, but preparation and attention to detail can make a significant difference in the outcome."
Key Takeaways
- At least one spouse must live in Delaware for six months
- No-fault divorce only — no need to prove misconduct
- Six-month separation required before finalization
- Equitable distribution applies to marital property
- Custody and support are based on the child's best interests
Divorce in Delaware can be completed without legal representation in simple cases, but professional help is often recommended when children, high-value assets, or disagreements are involved. Knowing your rights and responsibilities is the first step toward a smooth resolution.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Delaware divorce papers or browse Delaware divorce lawyers to get the help you need.