Divorce Process: How to File for Divorce in Delaware

May 5, 2023 Amanda

Divorce Process: How to File for Divorce in Delaware

Step	Description
1	Meet residency requirements. At least one spouse must have lived in Delaware for six months prior to filing for divorce.
2	Choose grounds for divorce. Delaware allows for fault and no-fault grounds.
3	Complete divorce forms. The spouse filing for divorce must complete a Petition for Divorce and related forms.
4	File forms with the court. The Petition for Divorce and related forms must be filed with the Family Court in the county where either spouse lives.
5	Serve the other spouse. The non-filing spouse must be served with a copy of the Petition for Divorce and related forms.
6	Attend court hearings. Both spouses must attend any court hearings scheduled in their case.
7	Finalize the divorce. Once all issues are resolved, a divorce decree will be issued by the court.

Overview of Divorce Process in Delaware

To file for divorce in Delaware, either spouse must have been a resident of the state for at least six months before filing.
You’ll need to fill out and file several forms with your county court, including a Petition for Divorce and a Praecipe (a request that the court issue certain orders).
You’ll also need to provide financial disclosure documents as part of the process.

Once you’ve filed all necessary paperwork and served your spouse with copies of everything, there will be a waiting period before your divorce can be finalized. In Delaware, this waiting period is typically 60 days from the date your spouse responds or 90 days from when they were served if they don’t respond.

What is Divorce?

Divorce can be emotionally challenging and financially complex. In addition to the legal aspects of divorce, there may also be practical considerations such as finding new housing or adjusting to single parenthood. If you’re considering getting divorced in Delaware, it’s important to consult with an experienced family law attorney who can guide you through each step of the process.

Grounds for Divorce in Delaware

Delaware is a “no-fault” divorce state, which means that you do not need to prove that your spouse did something wrong in order to file for divorce. Instead, you can simply state that the marriage is irretrievably broken and cannot be saved.

In addition to this no-fault option, Delaware also allows for fault-based divorces based on specific grounds. These include:

Adultery
Cruelty
Desertion
Habitual drunkenness or drug use

If you choose to pursue a fault-based divorce, it’s important to understand that proving your case may require additional evidence and testimony from witnesses.

Types of Divorce in Delaware

In addition to these two main types of divorces, there are also several other options that may be available depending on your specific situation:

Mutual Consent Divorce: If you meet certain requirements (such as having no children or real estate), you may qualify for a simplified process known as mutual consent divorce. In this case, you would still need to file paperwork with the court but could avoid some of the steps involved in a regular divorce proceeding.
Limited Divorce: A limited divorce is similar to legal separation in other states. It allows couples who are not ready for full dissolution of their marriage to live separately while still being legally married. Limited divorces can address issues such as property division or spousal support but do not result in an official end to the marriage itself.

Preparing for Divorce in Delaware

In addition to these steps, it’s also crucial that you consult with an experienced family law attorney as early on in the process as possible. Your attorney can help you understand your legal rights and obligations under Delaware law and work with you to develop a strategy that meets your needs and goals.

Considerations before Filing for Divorce

It’s also a good idea to consult with an experienced family law attorney who can help guide you through each step of the process and ensure that your rights are protected throughout the divorce proceedings. Your attorney can also advise you on other considerations specific to your individual situation.

Gathering Required Documents

The types of documents you may need to gather include:

Marriage certificate
Prenuptial or postnuptial agreement (if applicable)
Financial statements, including bank account information and tax returns
Copies of any existing court orders related to child custody or support

If you have questions about what documents are required, an experienced family law attorney can advise you on what paperwork is needed.

Hiring a Divorce Attorney

Your attorney can help guide you through all aspects of the divorce process, from filing paperwork to negotiating settlement terms. They can also represent you in court if necessary. Having a knowledgeable and skilled legal advocate on your side during this difficult time can make all the difference.

Filing for Divorce in Delaware

Once you’ve gathered all necessary paperwork and filed it with the court, you will need to serve your spouse with copies of everything (except for certain financial documents) so they have an opportunity to respond. If your spouse does not respond within 30 days, you may be able to proceed with an uncontested divorce.

If your spouse does respond, there may be additional negotiations required before reaching a final settlement agreement. An experienced family law attorney can help guide you through this process and ensure that your rights are protected throughout each step.

Initiating the Divorce Process

Your lawyer will help prepare all necessary paperwork and file it with the court. Your spouse will be served with copies of these documents along with a summons notifying them that they have 20 days to respond (30 days if they live out-of-state). If your spouse agrees to the terms of the divorce – including property division, child custody arrangements, spousal support payments – then finalization can proceed relatively quickly. However, if there are disagreements over any aspect of the settlement agreement, litigation may be necessary which could significantly prolong proceedings.

Filing for Divorce Forms in Delaware

In addition to these forms, you may also need to file additional documents depending on your specific circumstances. For example, if there are minor children involved in the divorce proceedings then a Child Support Guidelines Worksheet must be completed along with an Affidavit of Income and Expenses.

It is important to ensure that all necessary paperwork is filled out accurately and completely before submitting it to the court. Any errors or omissions could delay the processing of your case or result in unfavorable decisions being made by the judge overseeing your case.

Serving the Divorce Forms to Your Spouse

After you’ve filed your divorce paperwork with the court, you will need to serve a copy of the forms to your spouse. This is an important step in the divorce process because it ensures that both parties are aware of what’s happening and have an opportunity to respond.

In Delaware, there are several ways to serve divorce papers:

You can have someone over the age of 18 who is not involved in the case hand-deliver copies to your spouse;
You can mail copies via certified mail or return receipt requested;
If your spouse has already hired an attorney, their attorney may accept service on their behalf.

Once service has been completed, you will need to file proof of service with the court so that they know your spouse received notice of the proceedings.

Responding to Divorce Petition in Delaware

After your spouse files for divorce, you will be served with a copy of the divorce petition and other related documents. It’s important to respond to these papers in a timely manner in order to protect your rights.

In Delaware, you have 20 days from the date of service to file an Answer or Entry of Appearance with the court.
If you fail to respond within this time frame, your spouse may be able to obtain a default judgment against you, which could result in unfavorable terms regarding property division, spousal support and child custody.

When responding to the divorce petition, it’s essential that you carefully review all documents and seek legal advice if necessary. You should also consider consulting with a financial advisor or accountant who can help ensure that any proposed settlement is fair and equitable given your individual circumstances.

How to Respond to Divorce Petition

If you’re not sure how to respond or what options are available to you, it’s important to consult with an experienced family law attorney who can help protect your rights and interests throughout the divorce process. An attorney can review the paperwork, explain your legal options, and represent you in court if necessary.

Default Divorce in Delaware

In Delaware, a default divorce occurs when one spouse files for divorce and the other fails to respond or participate in the proceedings. This can happen if your spouse cannot be located, does not want to participate, or simply ignores the paperwork.

If you’re pursuing a default divorce in Delaware, here are some important things to keep in mind:

You must provide proof that you served your spouse with copies of all required documents
You’ll need to file additional paperwork requesting a hearing and providing evidence that supports your requested outcome (such as property division or child custody arrangements)
The court may require additional documentation or evidence before granting the divorce

A default divorce is generally quicker than a contested case but can still take several months depending on court schedules and any issues that arise during the process.

Contesting Divorce in Delaware

If you find yourself in this situation, here are some steps you can take:

Consult with an experienced family law attorney who can help you understand your rights and options
Gather evidence to support your case (if necessary)
Attend all scheduled court hearings and mediation sessions
Consider negotiating with your spouse outside of court through alternative dispute resolution methods like mediation or collaborative divorce

Your attorney can also advise you on what types of arguments are likely to be successful in contested divorces based on their experience handling similar cases.

Discovery and Settlement in Delaware Divorce

If you are unable to reach a settlement agreement through negotiation or mediation, your case will go to trial. At trial, both sides will present their arguments and evidence before a judge who will make decisions on contested issues such as child custody or division of assets. It’s important that you work with an experienced attorney throughout this process so that your rights are protected.

Discovery Process in Delaware Divorce

The goal of the discovery process is to ensure that both parties have a clear understanding of each other’s financial situation so that they can negotiate a fair settlement or prepare for trial if necessary. Your attorney can help guide you through this process and ensure that all necessary information is obtained.

Negotiating a Divorce Settlement Agreement

If you’re unable to reach an agreement on one or more issues during negotiations, the court may need to intervene and make decisions on your behalf. However, many couples are able to successfully negotiate a settlement outside of court with the help of their attorneys or through mediation.

Mediation and Collaborative Law in Delaware Divorce

In Delaware, couples who are going through a divorce have the option to use alternative dispute resolution methods such as mediation or collaborative law. These approaches can be less adversarial and may lead to more amicable resolutions.

Mediation involves both spouses meeting with a neutral third party (the mediator) who helps them work out issues related to their divorce, such as property division and child custody.
Collaborative law is a process where each spouse has their own attorney, but instead of fighting in court, everyone works together collaboratively to reach an agreement that is mutually acceptable.

If you’re considering using either of these options in your Delaware divorce case, it’s important to consult with an attorney experienced in these areas. They can help you understand the pros and cons of each method and determine whether it’s right for your situation.

Trial and Judgment in Delaware Divorce

Once all issues have been resolved either through negotiation or at trial, the court will issue a judgment of divorce. This document officially ends your marriage and sets forth the terms of any agreements reached or orders issued by the court.

You should review this judgment carefully with your attorney to ensure that it accurately reflects everything you agreed upon during negotiations or what was ordered by the court at trial.

Preparing for Divorce Trial in Delaware

In addition, it’s important to keep in mind that the judge will be making decisions based on what is considered “in the best interest” of any children involved as well as other relevant factors such as finances or property division. Your lawyer can help prepare you for this process and provide guidance throughout each step of the proceedings.

What Happens at a Divorce Trial in Delaware

Most divorces in Delaware are settled out of court through negotiations between the spouses and their attorneys. However, if you are unable to reach an agreement on all issues related to your divorce, a trial may be necessary.

A divorce trial is typically held in front of a judge, rather than a jury.
You will need to present evidence and testimony supporting your case for issues such as child custody, property division, and spousal support.
The judge will make decisions based on the evidence presented and applicable laws

Keep in mind that going to trial can be expensive and time-consuming. It’s often better to work with your attorney and spouse towards reaching an agreement outside of court whenever possible.

Finalizing the Divorce in Delaware

Once the waiting period has ended and all issues have been resolved, your divorce can be finalized. This involves obtaining a final decree of divorce from the court.

In Delaware, you may need to attend a final hearing before the judge will issue this decree. During this hearing, you’ll present any evidence necessary to support your case for property division or other issues that were not resolved by agreement.
Once the judge signs the final decree of divorce, it becomes official and legally binding.

If you have children together with your spouse, there may also be additional steps required to finalize custody and child support arrangements. It’s important to work closely with an experienced family law attorney throughout every stage of your Delaware divorce proceedings in order to ensure that your rights are protected and that you receive a fair outcome under state law.

Post-Divorce Matters in Delaware

In addition to these legal matters, it’s important for individuals who have gone through a divorce to focus on their emotional well-being. This may involve seeking counseling or therapy, joining a support group for divorced individuals, or taking time for self-care activities such as exercise or meditation. By prioritizing your physical and mental health after your divorce is final in Delaware , you can begin moving forward with confidence into this new chapter of your life.

Child Custody and Support after Divorce in Delaware

In Delaware, there are two types of custody: legal custody (the right to make important decisions about your child’s life) and physical custody (where your child lives).
If you and your spouse cannot agree on a custody arrangement, the court will determine what is in your child’s best interests.
The amount of child support that must be paid depends on several factors, including each parent’s income and expenses as well as how much time each parent spends with the child. In general, however:

For one child, support payments will be around 20% of the non-custodial parent’s net income
For two children it’s typically 25%
Three children or more can range from 29% up to a maximum of 40% for six or more kids.

To ensure that you receive an appropriate share of parenting time and financial support after divorce, it’s essential to work with an experienced family law attorney who can advocate for your rights throughout the process.

Spousal Support after Divorce in Delaware

Spousal support, also known as alimony, is financial assistance provided by one spouse to the other after a divorce. In Delaware, spousal support may be awarded if the court determines that it’s necessary and appropriate based on the specific circumstances of your case.

The factors that are considered when determining whether spousal support should be awarded in Delaware include:

The length of the marriage
The income and earning capacity of each spouse
The age and health of each spouse
Whether one spouse gave up career opportunities or education for the sake of the marriage

If spousal support is ordered, either party can request a modification if there has been a significant change in circumstances such as job loss or illness.

Modifying Divorce Agreement in Delaware

In order for a modification request to be granted by the court, there must be evidence of significant changes in circumstances since the original agreement was made. These might include:

A substantial increase or decrease in income
A relocation of one parent that impacts visitation schedules or custody arrangements
A change in medical needs of either party or their children

Conclusion

Divorce is a difficult process, but understanding the basics of how it works in Delaware can help you prepare for what’s to come. Remember that consulting with an experienced family law attorney can provide invaluable guidance and support throughout this challenging time.

Before filing for divorce, be sure to gather all necessary financial documents and other paperwork so that you’re fully prepared to move forward.
If you have children, work closely with your attorney to develop a parenting plan that takes their needs into account.
Above all else, remember that divorce is a process – one that requires patience, resilience, and a willingness to adapt as circumstances change over time.

FAQ on ‘Divorce Process: How to File for Divorce in Delaware’

Q: How do I file for divorce in Delaware?

A: You can file for divorce by completing a Complaint for Divorce form and filing it with the Family Court in the county where you or your spouse resides. You will also need to pay a filing fee.

Q: What are the grounds for divorce in Delaware?

A: Delaware allows both fault-based and no-fault divorces. The fault-based grounds include adultery, desertion, habitual drunkenness, and cruelty. The no-fault ground is irreconcilable differences.

Q: How long does it take to get a divorce in Delaware?

A: The time it takes to get a divorce in Delaware varies depending on several factors, including whether the divorce is contested or uncontested. A contested divorce can take several months or even years, while an uncontested divorce can be finalized within a few weeks.

Q: Do I need a lawyer to file for divorce in Delaware?

A: While it is not required to have a lawyer when filing for divorce in Delaware, it is recommended. A lawyer can help ensure that your rights and interests are protected throughout the process.