Delaware Divorce Forms and Papers
Review the IMPORTANT State Requirements for Filing For a Divorce in Delaware
Guaranteed to be approved for use in all family law courts in Delaware, our Delaware divorce forms, unlike other sites whose forms may be several years old, are constantly kept up to date and ready to use. We also include out attorney authored guides that give you accurate step by step filing guides to ensure you have the information and forms you need to easily and effectively file for divorce in Delaware.
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Select The Delaware Divorce Kit That Best Suits Your Needs
Delaware Residency Requirements
Either spouse must have lived in the state for at least 6 months before filing.
Grounds for Divorce In Delaware
Delaware recognizes one fault ground and one no-fault ground for divorce.
The no-fault ground is the irretrievable breakdown of the marriage. The fault based ground is separation caused by mental illness.
Delaware Child Custody
The parties may agree to joint or sole legal and physical custody of their children. Legal custody gives a parent the right to participate in decision making involving the children. In a contested situation, the court may award either joint or sole legal custody and will determine residential arrangements (physical custody) for the child, each in accordance with the best interests of the child.
The following are some of the factors to be considered in any custody determination:
- Wishes of the child;
- Wishes of the parents;
- Bond between parent and child;
- Child's adjustment to home, school and community;
- Mental and physical health and well being of all involved.
In any case where there are living children of the marriage up to the age of 17, the Court shall order that the parties pay for and participate in a "Parenting Education Course" unless the Court, upon motion, determines that participation in the course is deemed not necessary.
Child Support
Delaware has adopted child support guidelines which apply in virtually every case, unless special circumstances are present. The child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.
Mediation
Any civil matter pending on the Superior Court docket is eligible for referral to voluntary mediation. Before or after a divorce is initiated, the parties may agree to submit their disputed issues to mediation.
If you meet the Delaware State requirements for Divorce please proceed to order your divorce documents.
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