Download completed Delaware divorce forms based upon the answers you provide in the online interview. We provide Delaware State Approved downloadable Delaware divorce kits, complete with divorce instructions, to allow you to obtain a divorce in Delaware. Download your uncontested or no fault Delaware divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.
One spouse must have been a resident for six months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides. [Delaware Code Annotated; Title 13 Chapter 15 Section 1504 and 1507].
There are mainly two reasons of divorce in Delaware that is fault and general. In order to file for divorce in Delaware, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in Delaware include:
o (a) voluntary separation;
o (b) separation caused by the other spouse’s misconduct or mental illness; or
o (c) separation caused by incompatibility; and
General reasons for divorce in Delaware include:
Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:
In addition, in any case involving minor children, the petitioning parent must submit with the petition an signed affidavit that states that the parent has been advised of or has read the following list of children’s rights. The list of rights must be included in the affidavit. The children’s rights are:
Delaware is an “equitable distribution” state. A spouse’s separate property is that which is:
All separate property is retained by the spouse who owns such property. Marital property acquired during the marriage, including any property acquired by gift, is to be divided equitably, without regard to fault, based on the following factors:
Alimony may be awarded to either spouse, based on the following factors, if he or she:
Either spouse may be awarded alimony for no longer than a period of time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years.
Marital misconduct is not a factor to be considered in an award or alimony.
The factors to be considered are:
Any party awarded alimony has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:
Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person. [Delaware Code Annotated; Title 13 Chapter 15 Section 1512].
Each parent has an equal duty to support any children. The following factors are considered in awards of child support:
In a contested divorce, the court may delay the proceedings for 60 days to allow the spouses to seek counseling or order a mediation conference. In addition, there are mediation/arbitration units attached to the Delaware Family Court. Finally, the court may require parents seeking divorce to participate in a certified “parenting education course.” If the parent has a history of domestic violence, he or she may be required to attend additional, more intensive courses. [Delaware Code Annotated; Title 13 Chapter 15 Section 1507 and 1517].START Your Divorce Process Now!
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Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.
Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.
Free Name Change for Wives: Yes, you can get your old name back with our service.
FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.
FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.
FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.
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