Where to File
Be sure that Delaware has jurisdiction for your divorce
Either your or your spouse, at the time you file for divorce, at the time the divorce was filed, must actually have resided in this State, or have been stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the filing of the complaint.
If you have minor children who have lived with your spouse in another state for more than six months, it may be to your advantage to file in that state, since its courts will have the power to decide what happens to the children. Note: Your spouse has the option to waive that jurisdiction, which must be done properly, in writing.
With the exception of an option for residents living overseas, you must file your divorce in the county in which you presently live, or in the county where your spouse resides, if different. You or your spouse must have a residence within the county (in Delaware) in which you file for your divorce. If you live overseas, you can file in Delaware if you have maintained your residency in Delaware.
Military personnel on active duty--or their spouses--can file for divorce in Delaware provided they have been stationed in the state for six months or were residents of the state upon entering active duty.
Our staff is highly knowledgeable about special military requirements and the details of Soldiers and Sailors Civil Relief Act.
Grounds For Divorce
NO-FAULT or FAULT ?
The ground constituting a no-fault for divorce in our documents usually is: “the marriage is irretrievably broken and that reconciliation is improbable.”A marriage is considered irretrievably broken by:
(1) Voluntary separation by the parties; or
(2) Separation caused by respondent’s misconduct; or
(3) Separation caused by respondent’s mental illness; or
(4) Separation caused by incompatibility between the parties.
NOTE: Any efforts made to achieve reconciliation prior to divorce, even those that include sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce.
Waiting Periods refer to the time that a court requires to pass from the time the divorce is filed and the time that your divorce decree becomes final.
Delaware has no requirement for a wating peroid before the signing of the divorce decree.