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Any person who has been a resident of Delaware for at least six months may file for divorce in the state. Either spouse can file for divorce if they meet the residency requirements.
At least one of the spouses must have been a bona fide resident of Delaware for at least six months before filing for divorce. If both spouses are Delaware residents, they can file for divorce in the county where either of them resides.
Any resident of Delaware who has been living in the state for at least six months can file for divorce in Delaware.
Alternatively, if the marriage took place in Delaware and one spouse still resides there, they may also file for divorce in Delaware.
Yes, Delaware requires that spouses live separately for six months before they can file for a no-fault divorce. However, fault-based divorces do not have this requirement.
Delaware is not a community property state. Instead, it follows the rules of equitable distribution.Equitable distribution means that marital property will be divided fairly but not necessarily equally in the event of a divorce.
The court will consider various factors, such as each spouse's income, contributions to the marriage (financial and non-financial), and the length of the marriage to determine the distribution of assets.
Separate property, such as property owned before marriage or acquired through inheritance or a gift, usually remains with the individual spouse. However, if separate property is commingled with marital property, it may be subject to division.
The cost of divorce in Delaware varies depending on several factors such as the complexity of the case, the type of divorce, whether or not the case goes to trial, and attorney fees.
According to LegalZoom, the average cost of divorce in Delaware ranges from $12,000 to $15,000. However, it is important to note that cost can fluctuate significantly depending on the specific circumstances of each individual case.
In Delaware, the minimum waiting period for a divorce is six months after filing. It can take several months to a year or more to finalize a divorce in Delaware.
However, the total duration of the divorce process can vary depending on factors such as the complexity of the case, the availability of court dates, and whether the divorce is contested or uncontested.
See our guide on uncontested divorce.
Child custody in Delaware is decided based on the best interests of the child.
This means that the court will consider various factors such as each parent's ability to provide a stable and safe home environment for the child, each parent's relationship with the child, each parent's work schedule and ability to care for the child, and the child's preference if they are of a certain age and maturity level.
The court can also consider any past abusive or neglectful behavior by either parent. Generally, Delaware courts prefer to award joint custody so that both parents can continue to play an active role in the child's life, but this decision will be based on the specific circumstances of each case.
