Residency Requirements Prior to Filing for Divorce in Delaware
In order to file for a divorce in Delaware, the plaintiff must have resided in the state for six months and have been separated from their spouse. The actual petition for the dissolution of the marriage may be filed in the county where either spouse resides.
Legal Grounds Acceptable for Filing a Divorce in Delaware
A divorce may be granted in Delaware when a spouse can show that the marriage is irretrievably broken and that reconciliation is improbable due to:
- Voluntary separation
- Separation due to spousal misconduct
- Separation as a result of mental illness
- Separation stemming from incompatibility
Simplified Divorce Proceedings
If the spouse responding to the petition for divorce does not file their answer within 20 days of receiving the petition or files an answer agreeing with the other spouse’s request for the dissolution, the petition will be considered uncontested, and the case will be resolved much faster than if one party were to oppose the motion.
Delaware is an equitable distribution state, which means that property and assets acquired during the marriage will be distributed equitably, but not necessarily evenly. Various factors will be considered when splitting property, including the length of the marriage, income of each spouse, whether the property was acquired as a gift, and several others.
Legal custody of a child and visitation arrangements are determined in accordance with the best interests of the child. Factors considered include the relationship between the parent and child, the child’s wishes, whether any abuse has occurred, and many others.
Why a Delaware Divorce Attorney is Needed
When it comes to resolving disputes that arise in a divorce, matters can get complicated, especially if the parties cannot agree on how to divide property or their child custody arrangements. Especially when children are involved, it is important to resolve all disputes as quickly and smoothly as possible, but this doesn’t always happen. For this reason, it is imperative that parties solicit the legal expertise of an experienced Delaware divorce attorney.
Delaware divorce lawyers handle all paperwork, court appearances and mediation between parties to ensure that everyone’s rights are protected. However, finding you ideal attorney isn’t always that simple. That’s where we come in.