Delaware divorce laws can be a painful process for spouses, kids, and other family members or friends involved. In addition, it can be a complicated legal procedure that examines finances, property, and parenting skills. Every state has different laws regarding divorce. The Delaware divorce laws allows an individual to file for divorce after living in the state for at least six consecutive months. A petition can be filed in the county of either party. The venue for divorce in Delaware is family court. The person filing for the divorce is the petitioner, and the other spouse is the respondent. When proceedings begin, a Petition for Divorce is the document filed. A Decree of Divorce is granted when the divorce is final. A divorce will not be granted until the parties have been separated for at least six months.
If the divorce petition is uncontested by the respondent, the court can rule on the divorce with only the petitioner present. If a divorce is contested by the respondent, the court can rule on the petition regardless or it can try to get both parties to consent to mediation or counseling. No party shall be required to attend counseling. The court will rule on the divorce petition at an adjourned hearing.
Grounds for Divorce
A divorce in Delaware must be legally justified. The marriage must be deemed “irretrievably broken” with little chance for reconciliation. Grounds for divorce include:
1. Separation that is voluntary by both parties
2. Separation due to misconduct by the respondent
3. Separation due to mental illness by the respondent
4. Separation due to incompatibility between the two parties
Delaware divorce laws and Property
Delaware follows the “equitable distribution” of property rule, meaning that distribution of property, assets, and debts will be fair and equitable but not necessarily exactly equal. The court encourages the properties to amicably settle the distribution of property. If this is not possible, the court will distribute the property as it sees fit. If one of the parties owns “separate” property, meaning that it was acquired before the marriage, it can be excluded from distribution IF the property or any income generated from it was not used to benefit both partners of the marriage. This also applies to any gifts or inheritances acquired during the marriage. If any “separate” properties were beneficial to both parties, they can be subject to distribution.
Alimony
Alimony is spousal financial support that is paid to the party who will lose the benefit of the other spouse’s income. For example, the breadwinner will become the payer of alimony and the spouse who cared for the home or the children but did not bring in any income will become the payee. Alimony can be granted during the duration of the divorce process before the divorce is final. The amount of alimony is determined by the court. Alimony is paid for no more than one half the length of the marriage, unless the marriage lasted longer than twenty years. The recipient of alimony is expected to seek employment or vocational training unless the court deems it inequitable. Alimony shall be terminated if either party dies or if the recipient remarries or cohabitates.
Delaware Divorce laws and Child Custody
Parents are encouraged to cooperate and determine the best child custody and visitation terms for the family. If they cannot agree, the court will determine custody (where the child or children will live) and visitation (when the non-custodial parent will visit the child or children). The court is advised to consider both parents based upon their parenting skills and not their sex. The court’s goal is to decide what is best for the child by considering these factors:
1. The wishes of the parents and the child 2. Relationships and interaction of the child and parents with other family members such as siblings, grandparents, or close family friends 3. The home, school, and community of the child and any adjustment issues they might encounter 4. The physical, mental, and emotional health of all involved parties 5. Any evidence of domestic violence
Delaware Divorce Laws and Child Support
Child support is financial support granted to the parent who has custody of the child. It is paid by the non-custodial parent to help support the child. Both parents are responsible for supporting the child. The amount of child support is determined by the court if the parties cannot agree upon an amount. Factors that influence child support include: the income, financial circumstances, health, and earning potential of all parties, including the children; the manner of living to which the family was accustomed when the marriage was intact; the equities of all the parties.
