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Delaware Residency Requirements For Divorce
A spouse filing for divorce in Delaware must be a resident of the state for at least six months, if the defendant is a non-resident. If the responding spouse agrees to submit to the court's jurisdiction, or if both spouses reside in Delaware there is no waiting period.
Grounds For Divorce In Delaware
Delaware recognizes both fault and no-fault grounds for divorce.
No-fault grounds for Divorce in Delaware include:
- irretrievable breakdown of the marriage;
- voluntary separation for over one year or more;
- complete incompatibility of temperament.
- adultery;
- no cohabitation for over two years without husband supporting wife;
- alcoholism or substance abuse.
Delaware Child Custody
Custody may be granted to either parent or joint Custody may be agreed upon by the parties or awarded by the court. Joint child Custody in Delaware affords the parties equal decision making power, but not necessarily equal time with the child.
Factors to consider in making child Custody decisions include:
- age and sex of the child
- safety and well being of the child
- character and experience of the parents
- desires of a mature child.
Delaware Child Support GuideLines
Delaware has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.
Venue
Complaints for an Delaware divorce may be filed in the circuit court of the Delaware county in which the defendant resides, or where the parties resided when the separation occurred. If defendant is a nonresident then file in the county in which the plaintiff resides.
Mediation
Either party may file a motion requesting mediation of their disputed issues, if a divorce in Delaware is pending. Prior to the initiation of divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
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