Delaware Divorce Laws, Attorneys & Family Lawyers DE


Delaware’s court practices liberal family laws. In Delaware, divorce is granted both on no-fault and fault divorce grounds. This State has a divorce rate of 4.0% per 1,000 of population according to the estimated calculations.

In Delaware State it is much more difficult to prove the annulment and it rarely happen. The preferred form is divorce. To follow this route an attorney or a priest must be consulted.

Delaware family court laws have defined all the divorce requirements needed to file a case for obtaining or giving a divorce.

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Divorce Grounds in Delaware

In Delaware, it takes about six months for the processing of a divorce case. The average divorce rate in Delaware is approx. 64.72%. There are several divorce grounds in Delaware, such as:

Voluntary Separation:

Voluntary separation means that both the spouses are separated with mutual consent. Such couples have to spend six months period of formal separation before they can claim divorce under this divorce ground in Delaware.

Separation by Misconduct

Misconduct is another divorce ground in Delaware. If a spouse is not showing worthy behavior or conduct, his or her partner can seek divorce.

Mentally Ill

Mental incapacitation in a spouse validates other spouse’s claim for divorce.


Incompatibility is also a major divorce ground in Delaware. The married couples must have understanding between them. Those who are incompatible can’t live together. If any spouse feels that s/he can’t survive with his/her partner then this would be treated as a legitimate divorce ground in Delaware.

Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Delaware.

Delaware Divorce Laws

Delaware has following divorce laws:


Residency requirements are only for that spouse who has recently moved or is planning to move in the near future. The court has authority over all actions for divorce and annulment of marriage where either respondent in reality resided in Delaware, or was temporarily in Delaware as a member of the armed services of the US. This period should be of continuous 6 or more months immediately before the beginning of the action, otherwise Delaware divorce laws require the case to be dismissed.

Documents required when filing for divorce

According to the Delaware divorce laws, following documents are needed:

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  • Divorce Petition
  • Information Sheet of the Family Court
  • Agreement of Marital Settlement
  • Affidavit of Appearance and Waiver of Rights
  • Custody Separate Statement
  • Non-Military Affidavit (if appropriate)
  • Decree of Dissolution and
  • Stipulation to Incorporate Settlement Agreement.

Distribution of Property

Delaware divorce laws are such in distribution of property matter that all the property owned by spouses are divided equally among them except those bought before the marriage or bought separately.

Change of Name or Restoration of Name

In Delaware when either party applies for the divorce, on request the court restores the birth name or former name of the spouse.

Mediation Counseling

In Delaware, courts act as an arbitrator when there is an issue of custody and visitation. Both the spouses must speak out their issues to the court-appointed mediator to try to resolve the problems before they present them before a judge.


Delaware divorce laws state that alimony can be awarded by seeing the relevant economic factors that are: the parties’ prior living standard are considered in determining the amount that should be paid to the petitioner. Yet, alimony may not exceed half the duration of the marriage.

Child Custody

In resolving this issue, the court, in accordance with Delaware divorce laws, considers the wishes of the parents and the child as well as the child interaction with family members. The court does not assume that one parent, is better qualified than the other parent to act as a joint or sole legal custodian for a child, just because of the sex or age of the parent. Nor shall it consider appoint a custodian or primary residential parent that will not affect his or her relationship with the child.

Child Support

Delaware divorce laws practice a formula called The Melson Formula is used to determine Child support. It is (a percentage of the non-custodial parents’ income paid to assist with the support of his or her children) based on the net income of both parents and the time spent by them with child.

Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.

Delaware Annulment Laws

There are two ways of ending a marriage, i.e. annulment and divorce. Annulment and divorce differ in the sense that divorce is the termination of a legal marriage while annulment is declaring an already invalid marriage illegal or void. Basically, annulment is declaring that the marriage never took place.

To get a marriage annulled in Delaware, you must base your claim for annulment on a ground recognized by the Delaware annulment laws.

Inability to Consummate the Marriage

This is a legal Delaware annulment ground. To get annulment under this ground for annulment, you must prove your spouse cannot consummate the marriage.


According to Delaware annulment laws, if you are already married you can’t marry another person. Such a union will be considered bigamous and can be annulled according to the Delaware annulment laws.

Mental Incapacity

Mental incapacity is a state in which a person loses all the senses. A mentally handicapped person cannot get into marriage. You can claim annulment, under Delaware annulment laws, if your spouse is mentally handicapped.


Marrying a close relation like father, mother, sister, nephew, uncle or aunt is called consanguineous. Consanguinity is a legal ground for annulment in Delaware.

Duress and Fraud

Forcing or threatening someone into marriage is illegal. You can file for annulment under Delaware annulment laws, if you have been forced into a marriage or your spouse misrepresented him or herself to get married to you.

Delaware Divorce Laws Frequently Asked Questions

  1. How long do I have to live in Delaware before I can divorce my spouse?

    Generally speaking, you have to be domiciled in Delaware at least 180 days or 6 months (whichever is longer).

  2. Can I file for divorce even if my spouse resides in another state?

    Yes, you can file for divorce even if your spouse lives in another state.

  3. How do I get charged by my Delaware divorce lawyer?

    Delaware divorce lawyers charge you on a per hour basis.

  4. How much money should I spend on my divorce?

    Divorce is an expensive affair. On average a divorce costs $ 18,000.

  5. Do I really require a Delaware divorce lawyer?

    No, legally you can represent yourself in court but, it is better to be represented by a Delaware divorce lawyer. Delaware divorce lawyer has better understanding of the divorce process.

  6. Can one Delaware divorce lawyer represent both the spouses?

    No, that isn’t a possibility according to the Delaware divorce law.

  7. Does the State of Delaware recognize common laws?

    No, Delaware State Constitution doesn’t have legal provisions to recognize common laws.

  8. Is Delaware a No-Fault State?

    Yes, Delaware is a no fault State though you can file for divorce with grounds as well.

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