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Delaware Residency Requirements For Divorce

Either spouse must have lived in the state for at least 6 months before filing.

Grounds For Divorce In Delaware

Delaware recognizes one fault ground and one no-fault ground for divorce.

The no-fault ground for divorce in Delaware is the irretrievable breakdown of the marriage. The fault based ground is separation caused by mental illness.

Delaware Child Custody

The parties may agree to joint or sole legal and physical Custody of their children. Legal Custody gives a parent the right to participate in decision making involving the children. In a contested situation, the court may award either joint or sole legal Custody and will determine residential arrangements (physical Custody) for the child, each in accordance with the best interests of the child.

The following are some of the factors to be considered in any Custody determination:

• Wishes of the child;
• Wishes of the parents;
• Bond between parent and child;
• Child's adjustment to home, school and community;
• Mental and physical health and well being of all involved.

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.

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.

Mediation

Any civil matter pending on the Superior Court docket is eligible for referral to voluntary mediation. Before or after a divorce in Delaware is initiated, the parties may agree to submit their disputed issues to mediation.