Delaware Divorce Laws

Just as states regulate marriage, they also have legal requirements for divorce. These laws define the divorce process. They also dictate how the family court resolves issues about child custody, alimony, and marital property division.

Here, we will provide an overview of Delaware divorce laws.

Legal Requirements for Divorce in Delaware

Delaware law requires that you meet the state's residency requirements before you file your petition for divorce. According to Delaware law, you (or your spouse) must live in-state for at least six months before filing your divorce papers.

Delaware law also dictates a mandatory waiting period. The Delaware courts can't issue a final divorce decree for at least 30 days. The 30 days start when you file your divorce petition. The waiting period, or "cooling off" period, allows you and your spouse one final chance to reconcile. It also allows you to appeal specific terms of your final divorce.

No-Fault Divorce vs. Fault-Based Divorce in Delaware

Every state recognizes no-fault divorce. You can file a no-fault divorce case when neither party is at fault for the marriage breakdown. This is the type of divorce most people file. For the most part, pointing the finger at your spouse doesn't affect the outcome of your divorce case. It makes negotiating a marital settlement agreement harder for you and your spouse.

To qualify for a no-fault divorce, you must certify that you and your spouse are experiencing irreconcilable differences. You can also certify that your marriage is irretrievably broken.

A marriage is irretrievably broken in the following situations:

• Voluntary separation
• Separation caused by respondent's misconduct
• Separation caused by the respondent's mental illness
• Separation caused by incompatibility

The State of Delaware doesn't recognize traditional grounds for divorce. But if your spouse engaged in marital misconduct, such as sexual relations outside the marriage or domestic violence, you can mention it in your divorce petition. Your spouse will have a chance to challenge these allegations when they file their answer.

Uncontested Divorce and Contested Divorce in Delaware

Most people would love to get divorced quickly. Unfortunately, not all couples can work together throughout the divorce proceedings. If you and your spouse agree on the material terms of your divorce, you can file an uncontested divorce.

With an uncontested divorce, you and your spouse agree that divorce is the best option. You can submit your marital settlement agreement to the court for the judge's approval. Once they approve your settlement, you must wait 30 days. After the waiting period ends, the family law judge will issue your final divorce decree.

With a contested divorce, you and your spouse can't agree on the major divorce issues. Some of these include:

• Alimony/spousal support
• Child custody of the minor children
• Parenting plan
• Child support
• Marital property vs. Separate property
• How to divide the liabilities, such as credit cards and loans

Your Delaware divorce lawyer will ideally negotiate a settlement with your spouse's attorney. If not, your case will go to trial, and the judge will decide on these issues.

The judge will take the following factors into account when making these decisions:

• Length of the marriage
• Equitable distribution of marital property
• Tax consequences of the final divorce decree
• Financial needs and resources of the parties
• Best interests of the children
• Delaware child support guidelines

Your final divorce judgment will include the final divorce terms.

What if We Have Children?

If you and your spouse have children, you must attend a Parent Education Class. The court will only proceed with the divorce process once you submit certificates of completion from the Parent Education Class.

If you have children, you should enroll in the Parent Education Classes early to ensure you don't delay the divorce process. If you aren't sure how to do this, seek legal advice as soon as possible.

Delaware Divorce Laws

The following table outlines the basics of Delaware's divorce laws.

Note: Delaware divorce laws are constantly changing — contact a Delaware divorce lawyer or conduct legal research to verify your state laws.

Have an Attorney Check Your Delaware Divorce Case

Even if you and your spouse are on good terms, the divorce process can still be incredibly painful. Moving forward after divorce is hard enough. You don't want to deal with the legal issues that come with divorce all by yourself.

Having an experienced Delaware divorce lawyer can help make the process easier. Not only does your divorce attorney know the law, they also know how to navigate the family law system.

Research the Law

• Delaware Code
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Delaware Divorce Laws: Related Resources

• Understanding the Divorce Process
• Family Law Center: Divorce