Question 1

What are the residency requirements for filing for divorce in Delaware?

Accepted Answer

At least one spouse must have been a Delaware resident for at least 6 months before filing. You must meet this requirement before the court will accept your petition for divorce.

Question 2

Does Delaware allow no-fault divorce?

Accepted Answer

Yes. Delaware allows no-fault divorce based on irreconcilable differences.

Question 3

How is property divided in a Delaware divorce?

Accepted Answer

Delaware follows equitable distribution principles for dividing marital property. This means the court divides property fairly, considering factors like each spouse's contributions, economic circumstances, and the length of the marriage.

Question 4

Is there a waiting period for divorce in Delaware?

Accepted Answer

Delaware does not have a formal waiting period, but the process typically requires several weeks to months.

Question 5

How is child custody determined in Delaware?

Accepted Answer

Delaware courts determine custody based on the best interests of the child, considering factors such as each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence.

Question 6

How is child support calculated in Delaware?

Accepted Answer

Delaware uses state-specific child support guidelines that consider both parents' incomes, the number of children, custody arrangement, healthcare costs, and childcare expenses. You can find the state's child support calculator through the Delaware court system website.

Question 7

Does Delaware award alimony/spousal support?

Accepted Answer

Yes, Delaware courts may award spousal support based on factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. The type and duration of support vary based on the circumstances.

Question 8

Can I get a legal separation in Delaware?

Accepted Answer

Most states, including Delaware, offer some form of legal separation as an alternative to divorce. Legal separation allows spouses to live apart and divide assets without formally dissolving the marriage. Consult a local attorney to understand the specific options available in Delaware.

Question 9

How long does a divorce take in Delaware?

Accepted Answer

The timeline varies based on whether the divorce is contested or uncontested. An uncontested divorce in Delaware may take as little as a few weeks to a few months after meeting any waiting period requirements. Contested divorces can take 6 months to over a year.

Question 10

How do I find a divorce attorney in Delaware?

Accepted Answer

You can use our directory to browse divorce attorneys in Delaware by city or county. Each listing includes attorney details, practice areas, and a confidential contact form to request a consultation.

Delaware Divorce: Frequently Asked Questions

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