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No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children
This divorce package includes (1)Information about Divorce, (2) Forms List, (3) Forms Explanations, (4) Instructions and Steps, (5) Checklist, (6) Forms and (7) Access to Divorce Law Summary for Your State. The forms include the required petition or complaint, waiver, separation sample, financial reporting statements, judgment and other forms to complete your divorce.
Law Summary - No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children
Notes: This law summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Delaware, but does contain basic and other procedures.
Residency requirements
At least one of the parties to the action for divorce must have resided within the State of for at least six continuous months immediately prior to the commencement of the action for divorce. The petition may be filed in the county where either party resides. 13-1504, 13-1507
Grounds for divorce
A decree of divorce will be granted in the State of upon a finding that the marriage is irretrievably broken and that reconciliation is improbable. A marriage is irretrievably broken where it is characterized by:
1. Voluntary separation;
2. Separation caused by the respondent's misconduct;
3. Separation caused by the respondent's mental illness; and,
4. Separation caused by incompatibility. 13-1505
Waiting period
No divorce shall be granted until after the parties have been separated for a period of six months. 13-1507
Name of court and title of action/parties
An action for divorce filed within the State of is filed with the Family Court. The title of the action initiating the divorce proceeding is a Petition for Divorce, while the title of the action granting the divorce is referred to as the Decree of Divorce. The party filing the action is called the Petitioner, while the other party to the divorce is referred to as the Respondent. 13-1507
Simplified divorce proceeding
Although there is no simplified divorce proceeding in the State of Delaware, Whenever the petition for divorce or annulment is not contested by respondent, the allegations thereof are presumed to be accurate and true, and the Court shall rule upon the petition either after a hearing at which only petitioner need testify, or without a hearing after the submission of a request for finalization and affidavit which reaffirms the petition and verifies service of process and military status of the respondent. If petitioner's testimony or the affidavit fails to assistance the petition in any essential respect, the Court may deny the petition or require corroborating testimony or other evidence before ruling thereon. 13-1517
Legal separation
"Separation" means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage; and separation may commence and/or continue while the parties reside under the same roof, provided, during such period, the parties occupy separate bedrooms and do not have sexual relations with each other.
"Voluntary separation" means separation by mutual consent or acquiescence; but if respondent denies that the separation was voluntary then mutual consent or acquiescence must be established either by written sample of the parties or by proof of institution by respondent of separate judicial proceedings premised upon respondent's consent to or acquiescence in the separation. DCA 13-1503
Conciliation/mediation
In any case where there are living children of the marriage up to the age of 17, the Court shall order that the parties pay for and participate in a "Parenting Education Course" unless the Court, upon motion, determines that participation in the course is deemed not necessary. The "Parenting Education Course" shall be a course which is certified by the Department of Services for Children, Youth and Their Families to meet the goal of educating divorce litigants on the impact on children of the restructuring of families. The course, in order to be certified by the Department of Services for Children, Youth and Their Families, shall consist of at least four (4) hours of instruction and at a minimum provide instruction regarding the following items:
1. Information on the developmental stages of children;
2. Adjustment of children to parental separation;
3. Dispute resolution and conflict management;
4. Guidelines for visitation;
5. Stress reduction in children; and
6. Cooperative parenting. 13-1507
Alimony
The court may award alimony to either party. Unless the parties were married for 20 years or longer, the term of an award of alimony shall not exceed one half the term of the marriage. Any person awarded alimony has a continuing obligation to make good faith efforts to seek appropriate vocational training and employment, unless the court specifically finds that it would be inequitable to require the party to do so. Unless otherwise agreed in writing, the obligation to pay alimony terminates upon the death of either party or the remarriage or cohabitation of the party receiving alimony. The court will award alimony, without regard to fault, in such amount and for such times as the court deems appropriate, after consideration of the following factors:
1. The financial resources of the party seeking alimony, including the marital or separate property apportioned to him or her, and his or her ability to meet all or part of his or her reasonable needs independently;
2. The time necessary and expense required to acquire sufficient education and training to enable the party seeking alimony to find appropriate employment;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age, physical and emotional condition of both parties;
6. Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party;
7. The ability of the paying spouse to meet his needs while paying alimony;
8. Tax consequences;
9. Whether either party has foregone or postponed economic, education, or other employment opportunities during the course of the marriage;
10. Any other factor the court deems just and appropriate to consider. 13-1512
Distribution of property
is an equitable distribution state, which means that the court will divide the marital property as it deems equitable and just among the parties, after setting aside to each spouse that party's separate property. Factors the court will consider in distributing the marital property include:
1. The length of the marriage;
2. Any prior marriage of the parties;
3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party;
4. Whether the property is awarded in lieu of or in addition to alimony;
5. The opportunity of each party for future acquisition of capital assets and income;
6. Each party's contribution to the acquisition, preservation, depreciation, dissipation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife;
7. The value of the property set aside to each spouse;
8. The economic circumstances of each party at the time the division of property is to take effect, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live;
9. Whether the property was acquired by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or a notarized sample, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer;
10. The debts of the parties;
11. Tax consequences. 13-1513
Child Custody
The court shall determine the custody of any minor children of the marriage based upon the best interests of the child. In determining the child's best interests, the court shall consider the following factors:
1. The wishes of the parents;
2. The wishes of the child;
3. The interaction and interrelationship of the child with parents, grandparents, siblings and any other person whose relationship significantly affects the child;
4. The child's adjustment to home, school and community;
5. The physical and mental health of all parties;
6. Past and present compliance by both parents with their rights and responsibilities to their child;
7.Evidence of domestic violence; and,
8.The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.
Each parent has an equal right to receive all records of the child, such as school, medical or dental records. In addition, each parent has right to reasonable access to the child by telephone or mail. 13-722
Child assistance
Each party has a duty to support any minor children of the marriage. In determining the amount of assistance to be awarded, the court will consider many factors, including:
1. The health, relative economic condition, financial circumstance, income, including the wages, and earning capacity of the parties, including the children;
2. The manner of living to which the parties have been accustomed when they were living under the same roof; and,
3. The general equities inherent in the situation. 13-514
Name change
Upon request, the court may order that a party may resume the use of any former or maiden name. 13-1514
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