Top 5 Delaware Divorce Laws

The top 5 things everyone should know about Delaware divorce laws.


Before filing for divorce in Delaware, the filing spouse must already have been a Delaware resident for 6 months.

The no-fault ground for divorce is irretrievable breakdown of the marriage, which is defined in Delaware as living separately due to a voluntary separation, a spouse’s misconduct or mental illness, or incompatibility.

Child custody is determined based on factors that include, but are not limited to: the child’s wishes, the parents’ wishes, the child’s adjustment to their home, school, and community, and the custody-petitioning parent’s conduct.

A parent filing for child custody must read and sign a Child’s Right’s affidavit, which includes, but is not limited to: the right to continue the relationship with other parent, the right to know the divorce was not the responsibility of the child, and the right to honest answers about the changes in the family unit.

Property division in Delaware defines separate property as property obtain before the marriage, by inheritance, legally agreed as separate by the spouses, and property obtained in trade or enhancement of separate property. Separate property is retained by the spouse with ownership, but all other property is divided based on factors including, but not limited to: length of marriage, contributions each spouse made to property and marriage, each spouse’s amount and sources of income, and any prior marriages of the spouses’.

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