Delaware divorce: Things worth knowing

An overwhelming number of marriages end in divorce. No matter how pragmatic you are, dealing with the breakdown of a marriage and subsequent legal hassles is not easy. You need emotional support for sure, but you also need legal counsel and advice. Delaware is one of the many states that allow for no-fault divorces. If you and your spouse feel that the marriage is irretrievably broken with no room for reconciliation, you can get a divorce. An attorney can help ease the process and minimize the legal issues along the way. You can check online sites to find family lawyers in Delaware. Here’s more on what you need to know about getting a divorce in the state. 

The basics

In Delaware, getting a divorce, also called the dissolution of marriage, is not complicated. If yours is a no-fault, simple divorce, you can finalize the process within 180 days (that’s the minimum waiting period) by paying a court fee of $150. As far as residency requirements are concerned, either of the spouses must have been lived in Delaware for at least six months before filing the petition. 

Separation requirement

As we mentioned, there is a wait time of 180 days before a divorce can be finalized in Delaware. The spouses must be living apart of six months, but it is a common misbelief that the separating couple has to wait for that period. If you are separated today from your spouse, you can initiate the proceedings at the earliest, but the court will only pass a judgment after six months from the date of filing. Also, separation doesn’t mean living in different homes. If you are not sharing a bed with your spouse, you can consider filing for divorce. 

Other key pointers

In Delaware, most people file for no-fault divorces based on an irretrievable breakdown of the marriage. There isn’t the option of “fault divorce” in the traditional sense as in other states, but you can file for a no-fault divorce based on marital misconduct. Examples of marital misconduct include adultery abuse in any form, including emotional abuse, alcohol abuse, abandonment, and imprisonment. 

Get an attorney

Although not mandatory, hiring an attorney can help simplify your divorce in Delaware. It is much easier to seek a divorce based on separation with an attorney on your side. If there are child custody or other issues with your spouse, your family lawyer can mediate and ensure that these matters are settled without involving the court. 

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