Divorce Residency Essentials to Get Divorce in Delaware
If you wish to file for divorce in Delaware, one or both of the spouses must have lived in the state for at least six months or have been stationed in the state as a member of the military for at least six months.
Reasons for Divorce in Delaware
Grounds for divorce in Delaware occur when there is an irretrievable breakdown of the marriage. This breakdown is deemed to have occurred when there is either a voluntary separation of 6 months, insanity, incompatibility or separation caused by the defendant’s misconduct including adultery, conviction of a serious crime, bigamy, dissertation, homosexuality, physical or mental abuse, refusal to perform marital obligations, drug abuse.
Custody of the Children in Delaware
The divorcing spouses can agree to either joint or sole legal and physical custody of the children. In a contested situation, the court may award joint or sole legal custody. Residential arrangements (physical custody) is determined based on what would be in the best interests of the child.
Some factors the court will consider when making custody decisions include the bond between parents and children, wishes of parents, wishes of children and adjustment to home, school, and community.
Parents of children under age 17 must participate in a parenting education course at their own cost unless the court determines that participation is unnecessary. The course can prepare parents for a shared-parenting situation and help to make the process as smooth as possible for the children.
Delaware Child Support Guidelines
Standard child support guidelines in the state of Delaware apply in almost all cases, barring extraordinary circumstances. The gross incomes of both parties as well as child-related expenses are taken into consideration when making this calculation. Support continues until children reach age 18 and may extend through the completion of secondary education.
In Delaware, any civil case, including those relating to divorce, can be referred for voluntary arbitration. Parties can agree to submit any disputed issues for arbitration either before or after the initiation of separation. Mediation can resolve contested matters before the filing of divorce papers allowing the divorce to go through as an uncontested divorce and saving time and money.
The court filing fees charged by the state of Delaware are in additional to the cost to use OnlineDivorceSolutions.com. For up-to-date information on filing fees, contact your local courthouse. Doing this will allow you to know what to expect from your fast and easy divorce.