{"id":2779,"date":"2022-02-19T14:53:28","date_gmt":"2022-02-19T19:53:28","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=2779"},"modified":"2022-07-28T10:12:27","modified_gmt":"2022-07-28T15:12:27","slug":"divorce-in-delaware","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-delaware\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in Delaware"},"content":{"rendered":"\n

What We Cover In This Article<\/strong><\/p>\n

Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n

Anyone who has been through a divorce can tell you that the process is exhausting.\u00a0<\/p>\n\n\n\n

Not only is it a massive life change, but it is also a complicated and involved legal process. The emotions involved in a divorce lay across the spectrum: grief, anger, fatigue, confusion, and more. <\/p>\n\n\n\n

The divorce laws and nuances in Delaware only serve to add to your confusion. If you are considering divorce or just starting on this journey, you are probably feeling pretty lost. <\/p>\n\n\n\n

Fortunately, we have put together this comprehensive guide to help you get through this.<\/p>\n\n\n\n

Keep reading for all of the information you will need to navigate your divorce in Delaware, including the types of divorce, the specific laws surrounding each situation, whether or not you should hire a lawyer, the considerations relating to child support or alimony, and much more.<\/p>\n\n\n\n

Types of Divorce Laws in Delaware<\/h2>\n\n\n\n

Specific rules and laws govern divorces in each state<\/a>. The Delaware State Code outlines the procedures and Laws that determine how to complete each case.<\/p>\n\n\n\n

The Delaware laws on domestic relations, including marriage, custody, divorce, and more, are laid out very clearly in Title 13<\/a> of the state code. <\/p>\n\n\n\n

 Chapter 15<\/a> and its 23 included sections are related to divorce and annulment and contain all of the specific divorce laws in Delaware. <\/p>\n\n\n\n

The code covers every scenario and provides a guideline for each situation. Divorce in Delaware is not a subjective matter. The laws cover each step of the divorce process and outline how the courts will approach child support, custody, alimony, property division, and more.<\/p>\n\n\n\n

You must follow state law. Even small mistakes or missteps can cause delays in your divorce proceeding.<\/p>\n\n\n\n

This guide will use the words \u201cdivorce\u201d and \u201cdissolution\u201d interchangeably to mean the legal end of a marriage. However, Delaware uses \u201cdissolution\u201d to refer to the end of a civil union.<\/p>\n\n\n\n

Title 13, Chapter 2 <\/a>of the Delaware Code describes civil unions. Before July 1, 2013, a civil union was the state\u2019s alternative to same-sex marriage. In 2013, Delaware became the 11th state<\/a> to legalize gay marriage. <\/p>\n\n\n\n

With this legalization, Delaware offered same-sex couples in civil unions the opportunity to apply to the Clerk of Court to convert their relationship to a legally-recognized marriage. <\/p>\n\n\n\n

As of July 1, 2014, all civil unions (unless they were pending a dissolution) automatically converted to marriage, and the couples only had to apply for a copy of their marriage certificate.<\/p>\n\n\n\n

Before Delaware eradicated civil unions in favor of same-sex marriage, the dissolution process was the same as a legal divorce.<\/p>\n\n\n\n

There are different types of divorce you can pursue in Delaware. The kind of divorce you will get relies on the reason and whether or not you and your spouse agree on the grounds and terms of the dissolution.<\/p>\n\n\n\n

The word \u201cgrounds\u201d means the reason for the divorce. In an at-fault divorce in Delaware, one party accuses the other of misconduct. A no-fault divorce does not require a reason or proof of wrongdoing from either party. Each ground is listed and defined in  \u00a7 1505, Chapter 15, Title 13, Delaware Code<\/a>, which spells out the intricacies of this law. <\/p>\n\n\n\n

Unless you attempt to prove fault in the divorce, the only requirement is a separation period of six months. There is no legal separation in Delaware, so you have no obligation to file for anything or inform the state of your intentions.<\/p>\n\n\n\n

There are two types of divorce in Delaware. These types of divorce are known as contested and uncontested, and they influence the procedures you will follow and the length of the dissolution process.<\/p>\n\n\n\n

Figuring out if your marriage dissolution will be a contested divorce or an uncontested divorce will rely on your circumstances and whether you and your former partner agree on the terms of the divorce and the grounds on which you file for dissolution. <\/p>\n\n\n\n

Unless you cannot find your spouse or there is an immediate danger to you or somebody else if you and your ex-partner communicate, it is best to discuss the impending divorce and try to come to fair and agreeable terms. <\/p>\n\n\n\n

You and your spouse may have many details to hammer out together.<\/p>\n\n\n\n

For example, child custody makes a divorce more complicated than anyone desires. A custody battle can be a contentious and emotional point that leads to further fighting and anger. <\/p>\n\n\n\n

If you and your spouse cannot agree on custody terms, you will want to familiarize yourself with the custody laws in Delaware and understand how they work during your divorce proceedings.<\/p>\n\n\n\n

In addition to custody, child support is another point of friction. Will you or your spouse have to pay child support or alimony (otherwise known as spousal support)? <\/p>\n\n\n\n

These are the questions you will have to address during the divorce. You and your ex may not see eye to eye and may need a judge to intervene.<\/p>\n\n\n\n

You or your spouse might desire to split your property or assets in the divorce. Delaware is an equitable distribution state, which means you do not automatically split property 50\/50. <\/p>\n\n\n\n

You distribute marital property in a manner intended to be fair to both parties. <\/p>\n\n\n\n

We will review all of the considerations you must make when filing for divorce in Delaware, but first, we will give an overview of the two types of divorce.<\/p>\n\n\n\n

Contested Divorce<\/h3>\n\n\n\n

A contested divorce is the more complicated of the two types of divorce.<\/p>\n\n\n\n

Contested means opposed or objected. If your case is a contested divorce, this indicates that you or your spouse do not agree on the terms and require intervention and assistance from the family court on at least one aspect of the filing.<\/p>\n\n\n\n

To start any divorce proceeding, one party must go to the Family Court in the Delaware county where either they or their spouse resides and file a Petition for Divorce\/Annulment. <\/p>\n\n\n\n

Once served, the spouse will file an Answer to Petition for Divorce\/Annulment, or they choose to do nothing.<\/p>\n\n\n\n

The Delaware Family Court<\/a> considers a divorce contested once the respondent (meaning the person who gets served with the initial divorce complaint) files an Answer with the courts objecting to the divorce terms laid out in the Petition for Divorce.<\/p>\n\n\n\n

The respondent can object to any part of the Petition. <\/p>\n\n\n\n

The objection could mean that you need a judge to decide on the custody of your children, alimony or child support payments, distribution of assets, or all of the above. Or, a contested divorce might mean that one of you disagrees with the grounds for the divorce.<\/p>\n\n\n\n

For example, if you have filed for divorce on the grounds of misconduct and you cite your partner\u2019s adultery as the reason, your partner can file an answer contesting this. <\/p>\n\n\n\n

They can claim the adultery never happened, counter with an accusation against you, or ask the judge to grant the divorce on different grounds, like six months of separation. <\/p>\n\n\n\n

Once someone contests a divorce, the courts automatically schedule a hearing.<\/p>\n\n\n\n

If you are going through a contested divorce, you will want to buckle up for a more strenuous process.<\/p>\n\n\n\n

We always suggest that you speak to an attorney to protect yourself and your rights during this emotional process.<\/p>\n\n\n\n

In almost all cases, it is preferable to pursue an uncontested divorce. If you and your spouse can agree on the terms, you will both save a lot of time, money, and hassle.<\/p>\n\n\n\n

However, in some cases, you may need a contested divorce. If there is domestic violence involved<\/a>, you and your spouse cannot agree on divorce terms, or another reason, a contested divorce might be your best option.<\/p>\n\n\n\n

There are a few requirements during your divorce. Delaware state law requires mediation between parties<\/a> when children are involved. <\/p>\n\n\n\n

In some situations, you can file a motion to bypass mediation. The Family Court will only approve this in extreme circumstances.<\/p>\n\n\n\n

The courts will disallow mediation if they have found domestic violence between the parties, if an Order of Protection exists, or if one of the parties is a tier 2 or 3 sex offender.<\/p>\n\n\n\n

In most divorces, mediation is an excellent step to getting opposing spouses on the same page. You will work with a certified Mediator to create an agreement. Usually, this agreement deals with child support and custody. <\/p>\n\n\n\n

If you cannot solve these issues in mediation, you will attend a hearing where a judge will decide. The Family Court judge will be required to look at the dispute objectively. In the custody section below, we will review the considerations the judge must make.<\/p>\n\n\n\n

Another requirement in any divorce that involves children up to the age of 17 is that the parties attend a Parent Education class<\/a>. The course is not a parenting class. It is a class that teaches divorcing couples how to deal with their divorce as parents.<\/p>\n\n\n\n

Both parties must file a Certificate of Completion within 180 days of filing the divorce petition. If this certificate is not submitted, the courts may dismiss the divorce entirely.<\/p>\n\n\n\n

Pros & Cons<\/h4>\n\n\n
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Pros<\/div>
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