Delaware has following divorce laws:
Residency
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:
- 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.
Alimony
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.
