Getting a Divorce in Delaware? Here’s Your Go-To Guide

Navigating through a divorce can be challenging. This page aims to make things a bit easier by offering key information about divorce in Delaware. If you need more details, don’t worry – we’ve got links and resources to help you out!

Divorce Laws in Delaware

In Delaware, you can file for divorce without blaming anyone (this is called “no-fault” divorce). You or your spouse need to live in Delaware for at least six months before filing. Unlike some states, Delaware has a waiting period.

After filing, you need to wait for six months before the divorce can be finalized. This gives time for both sides to think things over. Delaware’s laws might differ a bit from other states, so it’s good to know these specifics.

Process of Filing for Divorce

To start a divorce in Delaware, you file papers at the county courthouse. You need to fill out specific forms, which you can get from the court or online.

After filing, you have to give these papers to your spouse, which is called “serving.” Delaware might have some special steps or forms, so check with your local court for exact details.

For a more in-depth overview of the process, check out “How to File for Divorce in Delaware.”

Child Custody and Support

Delaware courts focus on what’s best for the kids when deciding custody. They look at many things to decide who the children should live with and how parents will make decisions for their kids. For child support, Delaware has guidelines to figure out how much one parent needs to pay. These rules make sure support is fair and based on what parents can afford.

Alimony/Spousal Support

In Delaware, alimony is decided by looking at things like how long you were married, your finances, and what each person needs. The goal is to help both people maintain a reasonable lifestyle after divorce. Delaware courts have some leeway in deciding alimony, so it’s not always predictable.

Property Division

When you divorce in Delaware, your property gets divided fairly, but not always equally. This is called “equitable distribution.” The court looks at what each person contributed and needs, to split things up in a way that seems fair.

Divorce in Delaware Resources

Want to learn more? Check out the links below for detailed information on Delaware’s divorce laws and procedures. You’ll find resources like family law courts, government sites, and places to get legal help.

Article: How Much Does a Divorce Cost in Delaware?

Delaware Divorce Forms

Simplified Divorce:

• Petition for Simplified Dissolution of Marriage (Form 442): https://courts.delaware.gov/forms/list.aspx?sec=Forms&sub=Divorce
• Information Sheet (Form 240): https://courts.delaware.gov/forms/list.aspx?sec=Forms&sub=Divorce

Contested or Uncontested Divorce (with or without children):

• Petition for Dissolution of Marriage (Form 442): https://courts.delaware.gov/forms/list.aspx?sec=Forms&sub=Divorce
• Financial Affidavit (Family Law) (Form 465): https://courts.delaware.gov/forms/list.aspx?ag=Family%20Court&sec=Forms
• Affidavit of Corroborating Witness (Form 447): https://courts.delaware.gov/forms/
• Notice of Social Security Number (Form 241): https://courts.delaware.gov/forms/
• Final Judgment of Dissolution of Marriage (Form 449): https://courts.delaware.gov/family/divorce/
• Parenting Plan (Form 466): https://courts.delaware.gov/family/ (If minor children)
• Child Support Guidelines Worksheet (optional): https://courts.delaware.gov/forms/download.aspx?id=39228 (If minor children)

Additional Forms:

• Notice of Lis Pendens: https://delcode.delaware.gov/title8/c001/sc01/
• Motion for Temporary Relief: https://courts.delaware.gov/family/expeditedrelief/
• Waiver of Service: https://courts.delaware.gov/forms/
• Proof of Service: https://courts.delaware.gov/forms/
• Answer to Petition for Divorce/Annulment (Form 448): https://courts.delaware.gov/family/divorce/answertopetition.aspx

Resources:

• Delaware Courts – Family Court – Divorce Forms: https://courts.delaware.gov/forms/list.aspx?sec=Forms&sub=Divorce
• Delaware Courts – Self-Help Center – Family Law: https://courts.delaware.gov/family/
• Delaware Volunteer Legal Services – https://www.dvls.org/

Disclaimer

Remember, this page is for general information and isn’t the same as getting legal advice. Always talk to a lawyer for specific guidance on your situation.