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Delaware Residency Requirements
The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this state, or was stationed in this state as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. The divorce may be filed in the county in which either spouse resides. (Delaware Code - Title 13 - Chapters: 1504, 1507)
Delaware Divorce Grounds:
The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable. (Delaware Code - Title 13 - Chapters: 1505)
Delaware Property and Debt Division
In a proceeding for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including: (a) The duration of the marriage; (b) Any prior marriage of the party ; (c) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; (d) Whether the property award is in lieu of or in addition to alimony; (e) The opportunity of each for future acquisitions of capital assets and income; (f) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife; (g) The value of the property set apart to each party; (h) The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live; (i) Whether the property was acquired by gift; (j) The debts of the parties; and (k) Tax consequences. (Delaware Code - Title 13 - Chapters: 1504, 1513)
Delaware Spousal Support, Maintenance, or Alimony:
The alimony order shall be in such amount and for such time as the Court deems just, without regard to marital misconduct, after consideration of all relevant factors, including, but not limited to: (a) The financial resources of the party seeking alimony, including the marital or separate property apportioned to him or her, and his or her ability to meet all or part of his or her reasonable needs independently; (b) The time necessary and expense required to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment; (c) The standard of living established during the marriage; (d) The duration of the marriage; (e) The age, physical and emotional condition of both parties; (f) Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party; (g) The ability of the other party to meet his or her needs while paying alimony; (h) Tax consequences; (9) Whether either party has foregone or postponed economic, education or other employment opportunities during the course of the marriage; and (10) Any other factor which the Court expressly finds is just and appropriate to consider. (Delaware Code - Title 13 - Chapters: 1512)
Delaware Custody and Visitation:
The court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the court shall consider all relevant factors including: (a) The wishes of the child's parent or parents as to his or her custody and residential arrangements; (b) The wishes of the child as to his or her custodian(s) and residential arrangements; (c) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child's best interests; (d) The child's adjustment to his or her home, school and community; (e) The mental and physical health of all individuals involved; (f) Past and present compliance by both parents with their rights and responsibilities to their child (g) Evidence of domestic violence (h) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense. The court shall not presume that a parent, because of his or her sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child's primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect his or her relationship with the child. The child's rights shall be set forth in full in said affidavit as follows: (1) The right to a continuing relationship with both parents. (2) The right to be treated as an important human being, with unique feelings, ideas and desires. (3) The right to continuing care and guidance from both parents. (4) The right to know and appreciate what is good in each parent without one parent degrading the other. (5) The right to express love, affection and respect for each parent without having to stifle that love because of fear of disapproval by the other parent. (6) The right to know that the parents' decision to divorce was not the responsibility of the child. (7) The right not to be a source of argument between the parents. (8) The right to honest answers to questions about the changing family relationships. (9) The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans. (10) The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other. (Delaware Code - Title 13 - Chapters: 722)
Delaware Child Support:
The father and mother are the joint natural guardians of their minor child and are equally charged with the child's support, care, nurture, welfare and education. Each has equal powers and duties with respect to such child, and neither has any right, or presumption of right or fitness, superior to the right of the other concerning such child's custody or any other matter affecting the child. The court will examine the following factors when considering a child support award; the financial resource of the child; the standard of living prior to the divorce; the age and health condition of each parent; the earning capacity of the parents; the age and health of the child; and the needs of the child. (Delaware Code - Title 13 - Chapters: 501, 514, 701)
How Do I Know if I Should File in Delaware?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Delaware Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Delaware?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Delaware?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Delaware?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Delaware Forms: Our question and answer technology will allow you to easily complete your Delaware divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Delaware Divorce Forms List
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A total of 78 people have started their divorce through 3StepDivorceTM in the last 24 hours and 773 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Delaware. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorce TM you will complete and print your Delaware divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Delaware in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Delaware, learn more about getting your Separation Agreement or learn more about the basics of divorce in Delaware and how to do your own divorce in Delaware . Also, If you have any questions try visiting our Delaware Divorce Online Help Center .
We provide unlimited support for all of our customers through our Delaware Online Divorce Help Center. We take great pride in being able to respond to our customers in a "human" to "human" approach (as you can see, we do not hide our toll free number (888) 665-6782). We understand the need a customer may have to talk to a person rather than the typical automated voice or e-mail support system. Please keep in mind that we are not lawyers and we do not give out legal advice. If you need legal advice regarding your uncontested divorce in Delaware, we recommend that you contact a lawyer in your area.
In almost all cases, you file for a divorce in the state where you reside. This means that if you are a resident of Delaware, you file in Delaware and are governed by Delaware's divorce laws even if you were married, for example, in California.
You must meet Delaware's residency requirement for a Delaware family court to have jurisdiction over your divorce.
Delaware 3StepDivorce™ works as long as both you and your spouse agree about everything, and both of you are willing to sign the divorce paperwork.
You do not have to sign the papers together, at the same time and place, but the Delaware 3StepDivorce™ requires both spouses to sign.
It sure does. The Delaware 3StepDivorce™ allows you to address all issues regarding children, including but not limited to, physical and legal custody, visitation and support, care, health insurance and tax deductions.
Thousands of people divorce in Delaware every year without hiring a lawyer.
When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them. This is called a contested divorce, and hiring a lawyer is a good idea in this case.
When a divorce case is uncontested in Delaware and both parties are willing to sign, (when you and you spouse agree about everything) filing your own divorce is a common choice in order to cut down legal expenses.
The residency requirements for a divorce in Delaware are as follows:
One spouse must be a resident of the state for six months prior to the commencement of the action. This applies to members of the armed services stationed in the state.
Yes. The divorce paperwork requires a signed authentication that you have been a resident of Delaware for at least the past six months.
This is a state law.
Signing false statements is perjury.
If the court requires proof for some reason, typically a Delaware driver's license or state identification is sufficient. An affidavit of a corroborating witness testifying about your residency also works.
Your spouse does not need to live in Delaware to use 3StepDivorce™. After you have printed all the divorce paperwork, you simply mail the documents to your spouse and he or she signs them. After your spouse returns them, you file in your local county court.
Very often divorcing spouses live in different states.
The grounds for divorce in Delaware are as follows:
No Fault: Irretrievable breakdown of the marriage characterized by 1) voluntary separation or 2) separation cause by a) the respondent's misconduct, b) mental illness, or c) separation caused by incompatibility; 2) living apart for six months because of incompatibility.
Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.
3StepDivorce™ saves time because all lengthy delivery times are eliminated when you print your documents from your computer. You control revisions and reprintings as necessary.
In Delaware, a divorce hearing is not typically required unless you and your spouse have children. If there are children involved, a short hearing, generally about 15 minutes, gives the court an opportunity to make certain that you understand the parameters of custody, visitation and support that are ordered as part of your divorce.
If there are no children, the process in very streamlined. Since you and your spouse are in agreement, there is nothing for the court to decide. Learn more about divorce hearings in Delaware
There is no mandatory waiting period in Delaware.
Yes. 3StepDivorce™ includes a protocol for the wife to take back her former or birth name as part of the filing. It is easier to effect a name change during the divorce rather than after the divorce is finalized. Read more about a name change during a divorce in Delaware.
Separate and marital property and debt is identified and addressed in your 3StepDivorce™ account. A series of questions itemizes property and debt, dividing and allocating both according to what you and your spouse have agreed to. The answers become part of the divorce documents, so it is clear to you, your spouse and the court how assets and liabilities have been divided.
Yes. You answer a few questions dealing with individual retirement accounts. You have the option of waiving rights to each other's account(s), or dividing any marital portion of an account by a specific percentage or a dollar amount.
Once again, a few questions inside your account deal with the disposition of the marital home. All possible scenarios are covered -- sale, planned sale, transfer from one spouse to the other, and co-ownership.
A few questions in your account deal with temporary or permanent spousal support. Rights to spousal support may be waived, or a couple can agree to a specific amount for a set period of time. These questions define and limit the parameters of the desired spousal support, which often terminates upon remarriage or cohabitation.
Delaware requires that a support order be put in place for all minor children.
3StepDivorce™ provides the Delaware Child Support Guideline Worksheet, so you can easily calculate the state's recommendation for monthly support, but you have the option of taking these recommendations under advisement. The courts realize that you and your spouse know your situation better than they do, so they may approve any reasonable support amount, even if it is different from the one on the state worksheet.
We provide Delaware Child Support Worksheets inside your account. These worksheets make it very easy to calculate a monthly support amount. The support calculation is based on a number of variables, but the primary one is income.
Once you have calculated the amount, you and your spouse decide if you want to deviate from it and the reasons for doing so.
Yes. Once you and your spouse agree to a monthly child support amount, a judge reviews your decision. He or she will accept it if it seems reasonable. However, if it seems too high or too low, the judge will want an explanation why the two of you came to amount so much at variance from the state guidelines. Your explanation and reasons for it determine whether or not the judge accepts your proposed child support amount.
In Delaware the courts use the Percent of Income Formula, but also examines the following factors when considering a child support award: the financial resources of the child, the standard of living prior to the divorce, the age and health of each parent, the earning capacity of the parents, the age and health of the child, and the needs of the child.
Yes. Child support can be modified based on a change in circumstances. In Delaware, a change in circumstances means "a significant change in circumstances," generally, changes "not considered when the original judgment was entered" that are "permanent and substantial" and/or "affect one's current standard of living."
Yes. Child custody arrangements can be modified when, for example, they break down because of the conduct of one of the former spouses.
Yes. The terms and conditions of both sole and joint/shared custody are defined by you and your spouse.
Yes. You can either use a standard schedule that we provide in your account, or you can use our option to customize your own.
Yes. Some of the divorce papers need to be notarized. The step-by-step filing instructions explain who signs what and whether a particular document needs to be notarized. The documents requiring notarization contain notary clauses below individual signature lines.
No. If desired, each of you may sign and/or notarize a document at a different time and/or place.
As mentioned, very frequently spouses sign and notarize the documents at different times and places because they live apart in different states. This happens often, for example, when one of them has moved or is in the military.
In Delaware, the divorce papers are filed in the Family Court for the State of Delaware, in and for _______________ County, which is the local county courthouse, where the Domestic Relations or Family Law department accepts the divorce filing. The divorce documents are submitted to the Clerk of the Courts. You pay a filing fee, and the clerk assigns the case a case number.
In Delaware, the fees vary by county. The fees are about $150. If you want to know the exact amount, you can call the courthouse and ask.
Filing fees underwrite the cost of the court system, but in the case of indigent petitioners these fees may be waived.
Normally, an indigent petitioner completes a very short form at the time of filing. This form asks the court to waive the fees because of financial hardship.
Yes. If you have signed up but not filed any divorce papers, then nothing must be done. If you have initiated the action by filing the Petition for Divorce, your case can be dismissed by petitioning the court to do so. Normally, this can only be done by the filing spouse and must be done in writing.
Often the clerk of the court can help a person remove a case from the court docket.
The Delaware 3StepDivorce™ includes the following documents:
- Delaware Filing Instructions
- Family Court Information Sheet
- Petition for Divorce
- Marital Settlement Agreement
- Schedule fore Visitation/Parenting time of Minor Children
- Request for Notice
- Affidavit of Appearance and Waiver of Rights
- Affidavit of Children's Rights
- Custody Separate Statement
- Financial Report
- Child Support Calculation
- Instructions for Child Support Calculation
- Non-Military Affidavit (if appropriate)
- Stipulation to Incorporate Settlement Agreement
- Decree of Divorce
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 750,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
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