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 Divorce

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

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.

Child Custody

 CHILD CUSTODY:

Legal Custody: There are two types: Joint Legal Custody or Sole Legal Custody. These govern decisions made regarding how the child(ren) will be raised.

In Joint Custody, the parents decide together about regarding the child(ren)'s upbringing.

With Sole Custody, one parent makes the decisions about raising the child(ren).

Physical Custody: This determines the child(ren)'s primary residence after the divorce is final. They will live with the primary residential parent. The other parent may have visitation rights depending on the visitation schedule provided in your divorce documents.

Visitation is the same irrespective of a grant of joint custody or sole custody.

VISITATION:

This can be any schedule and details that you agree upon with your spouse, and can be changed. If you and your spouse cannot reach agreement then the state's guidelines take effect. These are outlined in the Marital Separation Agreement (MSA) provided with your divorce documents. You don't have to include your present visitation agreement. “No Visitation” or “Restricted Visitation” may be requested by supplying the reason when you fill out our questionnaire.

Child Support

There are two methods for determining support for the children involved in a divorce:.

1. You can agree with your spouse on an amount for child support. We'll prepare your divorce documents with the child support amount ordered this amount. Provided the amount is reasonable, a court usually will order it as part of you overall agreement. It is rare for a court to change an amount for child support when you both agree.

2. You can ask the court to award child support in conformance with Delaware's child support guidelines. The support will be either an amount you and your spouse agree upon, or determined for you by the court. If you want the court to calculate the amount of child support for you, you must file the standardized Child Support Guidelines form and Child Support Income Statement/Affidavit. We provide these among the documents that we send you.

Property & Debts

When you divorce, the personal property (vehicles, retirement accounts, furniture, businesses, etc.) owned by you and your spouse is divided. Most states are community property states, although it is referred to by different names in some states. Essentially, the property of the marriage is split equally.

Debts are handled in much the same way. Most often, spouses are able to agree on how to split their assets and debts. In an uncontested divorce, this division is accomplished using a Marital Separation Agreement (MSA). When you and your spouse agree to the property and debt division, and formalize it in the Marital Separation Agreement, it becomes incorporated by reference into the Decree of Divorce that ends your marriage. You and your spouse can divide your property however you like, provided a basic fairness is maintained. You are not required to list all the property and debts that you are dividing, as long as you agree. Some items, such as vehicles and homes, typically do get listed.

If you want to alter how you and your spouse split your property and/or debts after we have prepared your documents, just email us or contact us by phone. We'll revise your documents for you without additional charge for up to one year.

If you and your spouse cannot agree on how your property is to be divided, the marriage dissolution becomes a contested divorce instead. If at your final hearing your divorce is still contested we don't provide advice. You might have to consult an attorney or be prepared to explain to a judge why you feel your requested division of property is fair.

Real Property

If there is a home--or more than one--that you own with your spouse, you must decide how to split this property. Here are some of the options you can consider to divide your real property:

1. SELL THE HOME(S):  You split the net proceeds equally, or however you agree is fair. Some spouses decide to defer selling until a child is out of school or until the property increases in value. You can include in your divorce documents whatever you decide about this.

2. AWARD THE PROPERTY TO ONE PARTY: Usually, that party will be required to make the future payments on the property. In these cases, a quitclaim deed is usually signed. This document removes one party from the property's deed, thus making the person who is awarded the home its sole owner. Issues such as refinancing can be provided for in your divorce documents.

Spousal Support

Spousal Support is either agreed upon by the parties or determined by the judge in a contested hearing. See Code of Delaware - Title 30 - Chapters: 2-51, 2-52, and 2-55. We cannot give legal advice regarding spousal support but will include your request for support in the documents.

There isn't a standard calculation for spousal support. If you and your spouse cannot agree on an amount for spousal support, the amount will be determined by the Judge based on many factors, including some of the following:

1. Length of marriage

2. Standard of living prior to divorce.

3. Ability for both parties to get employment.

4. Retraining in the workforce

5. Disabilities and other factors.