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Your Delaware Divorce Laws 2017

Discover Your Delaware Divorce Laws and Save Money… ….by Mastering the Divorce Process in Delaware


Delaware Residency Requirement
According to the Delaware Divorce Laws and Delaware Divorce Guidelines, to get divorced in Delaware, one spouse must have been a resident of the state for at least 6 months immediately prior to filing the case 

Place of Divorce (Venue) 
The case may be filed in: 
County where either spouse resides

Simplified or Special Divorce Procedures
The respondent may file an appearance which will fulfill the requirement of service of process.

Delaware Grounds for Divorce 
Grounds for a No-Fault divorce: 
(1) Irretrievable breakdown of the marriage and reconciliation is improbable 
(2) Living apart for 6 months because of incompatibility

Grounds for a Fault based divorce: 
(1) Separation caused by mental illness

NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in Delaware, the Divorce Do It Yourself Service will do divorces on a "Default" basis or an ""Agreed" basis.

  • An Agreed Divorce , defined by Delaware divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Delaware child support, Delaware child custody, or Delaware property distribution. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.

  • A Default Divorce , as shown in the Delaware divorce guidelines and Delaware divorce laws, is a divorce where the other spouse doesn’t sign the Delaware Divorce forms or Delaware divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case.


Delaware Divorce Resources
Here are the important divorce resources for Delaware:
  • Delaware Divorce Legal Code


Process to file for Divorce in Delaware
Procedural steps to a divorce:

  • File Divorce Papers for Delaware (Delaware Divorce Forms)
  • Notify Spouse of your filing for divorce in Delaware
  • Attend your Delaware divorce hearing


How The Delaware Divorce Service Works

Divorce Process in Delaware

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Child Custody Laws in Delaware
Here are some good working Definitions: (source: divorce process in Delaware and DE divorce laws)

  • Visitation is the plan the spouses have on where the children will live and when the children will see the other spouse
  • Legal Custody is the decision ability of the parents in the lives of the children. Such as, where the children will attend school and which church they will go to.
  • Physical Custody pertains to the place where the children will live and which parent they live with.

Delaware Child Custody, in one form or another, is usually cooperative in nature. It is the preferred method of our Delaware divorce clients. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

Delaware Child Support Laws
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the Delaware Child Support Guidelines. The child maintenance amount is presumed to arrive at a good amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a Legal Separation in Delaware.

Delaware Child Support Calculator
You can calculate your child support in Delaware right here.

Court Filing Fees
To file for divorce in Delaware, fees must usually be paid when you file the Delaware divorce forms and Delaware divorce papers at your county courthouse. The Court filing fees are not included in our divorce service. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. Regardless of whether you are going through a divorce service, using a Delaware divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in Delaware, you will almost always be the one to cover the court fees which is standard procedure.

Delaware Divorce Laws for Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern here is to agree to the property division so that it doesn’t create a fight that one party will want to go to a Delaware divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

  • Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
  • Delaware Alimony Laws (Delaware Spousal Support Laws) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. Since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the Delaware divorce laws for alimony, it is possible for alimony to be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in Delaware.

Missing Spouse
If you cannot locate your spouse, after diligent effort, you may still get a divorce in Delaware. It may involve the extra expense of running a newspaper ad or something similar. We help you through the process.

Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she wishes. We include this name change in our service for FREE. Divorce in Delaware often includes a name change.


Divorce Laws and Guidelines





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3 Sign and file the final divorce papers at your local County Courthouse. Get a date for your hearing and attend it.

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