Learn How to File for a Delaware Divorce and Prepare for Court

In Delaware, as in most other American states, there are specific residency requirements to get a divorce petition granted. For example, you and your spouse need to be already separated and not using common rooms in the same house. Also, it is essential that you must be living in Delaware for a minimum of six months.

Title 13 of the Delaware Divorce Code states that the case for divorce can be filed from the county from which either you or your husband/wife hails from. Divorce cases are looked into by the courts when there is deemed to be an irreparable breakdown in the marriage. Delaware divorce files are considered if there appear to be no plausible channels of reconciliation as well.

Causes That Allow You to File a Divorce Case in Delaware

There are four underlying causes which can act as trigger-points for the initiation of the divorce process in Delaware.

If the husband (or, wife) falls mentally ill, and starts to behave in an unacceptable manner, or appears to be incompatible with his/her spouse, a divorce can be requested. Of course you or your spouse can also decide to become legally separated on mutual consent.

According to the divorce laws in Delaware, the sleeping quarters of the estranged husband and wife must be separate for at least a month before you can file for a divorce. This requirement however does not see mutual efforts of reconciliation (by sharing common living areas) as an aberration. You can share the house with your spouse during the time in which the case runs.

The Delaware divorce procedure requires that when you are filing a divorce petition, your spouse needs to provide an ‘Answer,’ and the person will get 20 days to provide this answer. Failing this, divorce is generally granted on an uncontested basis.

In cases where your spouse contests the divorce case, the Family Court of Delaware arranges for regular hearings. The divorce proceedings must not extend beyond a period of 60 days. During this time, you or your spouse or both of you can ask for professional help from divorce lawyers and counselors.

If the estranged couple has children from their marriage (up to the age of 17), a special ‘Parenting Education Course’ has to be paid for and attended to. However, there might be cases where the court deems the arrangement of such a course to not be required.

The process of distribution of property rights between you and your spouse is proper, equitable and justifiable in Delaware. There are many factors brought into consideration by the courts for this. Primary among them are the current ages of you and your spouse, the job you and your spouse have, and the income levels, individual liabilities and health status.

The court also considers the current tax debts of both spouses while allocating property rights, and any prior marriage union that they might have had is also taken into account. In cases where property is obtained as a gift, special gift tax laws are applied.