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Delaware
Filing Information
We provide this information
as a courtesy. This is not meant to replace legal advice.
When we receive your
information, your case will be forwarded to our Delaware paralegal
who will prepare your documents for you.
RESIDENCY
One spouse
must be a resident and been a resident for 6 months.
A divorce
may be filed in either county of the parties.
GROUNDS
No-Fault:
Irretrievable
breakdown of the marriage
voluntary
separation;
Separation
caused by the other spouse's misconduct or mental illness;
Separation
caused by incompatibility.
LEGAL
SEPARATION:
There is
no legal separation in Delaware
SIMPLIFIED
DIVORCE
The respondent
may file an Answer and Waiver of Appearance if the Repsondent is
in agreement. Both parties may sign and file a Marital Settlement
Agreement.
PROPERTY
DISTRIBUTION:
If the parties
do not agree to a division of property, the court will decide how
the property will be divided based on equitible distribution without
regards to fault.
CHILD
ISSUES
Parties
may agree to joint or sole custody. If the parties cannot agree
on custody, the court will decide what is in the children's best
interest.
Delaware
has state child support guidelines which will be used when determining
child support. The parties may agree but if they cannot agree on
an amount for child support, the court will decide using these state
guidelines.
Order
Your Delaware Divorce Package Now $99.94
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