| STATE PROCEDURES | ||
| What is considered to be the date of separation in Delaware? | ||
| The date of separation in Delaware is the date the parties started living separate and apart. If the parties still reside under the same roof, the date of separation is the date the parties started occupying separate bedrooms and stopped having sexual relations with each other. 13 Del. C. § 1503. | ||
| Do we have to be separated to get a divorce in Delaware? | ||
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Yes, the spouses must be separated for 6 months or the Court will not grant a divorce. The date of separation in Delaware is the date the parties started living separate and apart. If the parties still reside under the same roof, the date of separation is the date the parties started occupying separate bedrooms and stopped having sexual relations with each other. | ||
| Where do I file my divorce papers in Delaware? | ||
| Divorce papers are filed with the Clerk of the Family Court in the county where either the petitioner or respondent resides. | ||
| Will either of us be required to attend a court hearing? | ||
| As part of the divorce process, the Affidavit in Support of Request to Proceed Without a Hearing and Request to Proceed Without a Hearing are filed requesting the Court grant the divorce without requiring the parties to attend a court hearing. If the Court grants the request, no hearing is required. Should the Court not grant the request, then the parties will be required to attend a court hearing. | ||
| What documents are included in the self-prepared Delaware DivorceWriter package? | ||
The following documents are included in the self-prepared Delaware DivorceWriter package:
If children are involved, the following document will also be included:
Note: You may receive additional documents depending on your answers to our online interview. In the same regard, you may not receive some of the documents in the above list, depending on your answers to our online interview. | ||
| How do I serve my spouse with the divorce papers in Delaware? | ||
Courts in Delaware offer two options for providing your spouse with the divorce papers:
If the Court serves your spouse, your spouse will file an Answer to Divorce Petition within twenty (20) days of receiving the Petition. If your spouse picks up the Petition, he/she must do so within twenty (20) days of the date the Petition was filed with the Court. He/she must also sign an Affidavit of Appearance at the Court at this time. | ||
| Can I change my name in Delaware divorce proceedings? | ||
| Yes, either spouse my request the Court restore a former or maiden name. 13 Del. C. §1514. | ||
| What are the Delaware residency requirements for filing for divorce? | ||
| EIther the Petitioner or the Respondent must have lived in Delaware for 6 consecutive months (or 6 months in a row) before filing for divorce. | ||
| How much is the filing fee in Delaware? | ||
| The filing fee in Delaware is $150.00. | ||
| How long does it usually take to finalize a divorce in Delaware? | ||
| In Delaware, the Court will not finalize a divorce unless the parties have lived separate and apart (or living under the same roof, but living in separate bedrooms and have ceased having sexual relations with each other) for a period of 6 months. | ||
| What are the basic steps to getting a divorce in Delaware? | ||
The basic steps to getting a divorce in Delaware are:
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| What are the grounds for filing for divorce in Delaware? | ||
| The no-fault ground for filing for divorce in Delaware is the marriage is irretrievably broken and that reconciliation is improbable. 13 Del. C. § 1505. | ||
| Does Delaware require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce? | ||
| Yes. In Delaware, all divorcing parents must take a Parent Education Class. If the child(ren) are between the ages of 8 and 16, they must also attend the class. Upon completion of the class, a Certificate of Completion of Parent Education Class will be issued, which must be filed with the Court. | ||
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| CUSTODY, VISITATION, SUPPORT | ||
| When can a child support order be modified in Delaware? | ||
| A child support order may be modified in Delaware if two-and-a-half years or more has passed since the last child support order, or if there has been a substantial change in circumstances. | ||
| How is child support calculated in Delaware? | ||
| In Delaware, child support is calculated using a pre-established formula, called the Delaware Support Formula. It takes into consideration the financial needs of the child, the financial status of both parents and the custodial situation. | ||
| What are the different types of custody in Delaware? | ||
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The different types of custody in Delaware are: Joint Legal Custody--both parents have responsibility and involvement in major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development. Joint Physical Custody-the child(ren) reside with and are under the supervision of each parent in such a way as to assure the child(ren) frequent and continued contact with both parents. Sole Legal Custody- one parent has the sole right and responsibility to make major decisions regarding the child's welfare including matters of education, medical care and emotional, moral and religious development. Sole Physical Custody- the child(ren) reside with and are under the supervision of one parent, commonly subject to reasonable visitation by the other parent. | ||
| We already have a child support order issued by a judge. Will we be able to keep the same amount? | ||
Customers who already have a child support order issued by a Court have the option to enter that information in this portion of the interview. In order to list a prior support order, the customer can do the following:
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| What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines? | ||
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DivorceWriter shows the child support calculation under the Delaware child support guidelines. The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Petition for Dissolution of Marriage. The court will decide whether or not to approve the deviation. | ||
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