Residency Requirements:
Either spouse must have been a resident for 6 months before filing
for divorce.
Legal Separation:
There is no legal provision that directly addresses this issue in
the state of Delaware.
General Divorce Procedure:
The requirement for service of process for divorce may be satisfied
by the respondent by filing an appearance.
Mediation or Counseling:
The court may order a mediation procedure for the divorce, and the proceedings
will be delayed for 60 days.
Title of Divorce action:
Petition for Divorce.
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Grounds for Delaware Divorce:
No-fault:
Delaware accepts only the irretrievable breakdown of the
marriage as a no-fault ground for divorce.
Fault-based:
The only fault-based ground for divorce is separation caused by mental illness.
Child Support:
Delaware’s specific child support guidelines apply in virtually every case,
unless special circumstances are present. Both parties’ gross incomes and
certain child related expenses are taken into consideration when calculating
the child support amount. Child support will continue until the child reaches
18 years of age, and may extend through his or her secondary education.
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