 No
doubt you're stressed to the max. You never planned to be where you are. However, stuff happens, and we're here to tell you
that it will be okay. Not today and maybe not tomorrow,
but over time, it does get better. Take a deep breath. If nothing else,
we'll give you some answers and ease your anxiety.
Delaware Child Support
Delaware child support laws require a mediation conference for either a divorce or a separation proceeding. A mediator will use the Delaware Child Support Formula to calculate the child support
amount, and assist the parents in arriving at an agreement. If a settlement agreement cannot be reached, an interim or temporary
order may be issued. A hearing then will be scheduled before a Commissioner. Delaware divorce laws provide that in cases
where a marriage annulment is sought, and there are children of that marriage, that those children be afforded the same rights
and protections, including that the children are not considered illegitimate offspring of the parents.
A Delaware divorce court will consider the following before awarding child support:
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the
financial resources of the child, |
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the
standard of living the child would have enjoyed if there had been no divorce |
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the
age and health of the parents, |
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the
earning capacity of each parent, |
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the
amount and sources of income of each parent, |
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the
age, health, or station of the child, |
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the
estate and needs of the child, |
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the
relative financial means of the parent. |
 A word of caution about acting pro se (doing your divorce without a divorce
lawyer):
Delaware divorce laws provide that you can represent yourself. If you decide to do so, it is called 'pro se' representation.
'Pro se' means 'for one’s
own behalf' or 'appearing for oneself.' Representing yourself may take a lot of time, may be difficult and may be confusing.
Please be aware that even though you are not an attorney, the Family Court will expect you to follow the same rules and regulations
that the attorneys have to follow in order to get a Delaware divorce. The Court will not allow you to skip any procedures
because you did not know how or when to do something. The Family Court has developed simple, straightforward packets that
contain instructions explaining what forms you need to file, how to complete the forms and sample forms to which you can
refer.
The Court also provides answers to frequently asked questions (called FAQ's) and other informational materials to
help you with the divorce process. The same informational materials
can be used if you would like to have your marriage annulled. Laws covering Delaware child
support mandate that
both parents have a duty to support the child until the child is 18 years
of age, or, if the child is still in high school until the child graduates or attains age 19, whichever occurs first. Delaware
uses a child support formula to set the amount of the child support order. The formula is based on both parents’ incomes
and the needs of the child and is applied uniformly to ensure that the amount will be fair and the children will receive
adequate support.
Delaware child support ends when the minor child reaches 18 years of age; provided, however,
that if a child over 18 is still enrolled in high school, then child support terminates when the child receives a high school
diploma or attains the age of 19, whichever event first occurs. Arrears or past due child support doesn't terminate until
it has been fully paid.
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Lawyer Advertising
 Delaware Child Custody
The court will determine, should you and your spouse be unable to agree on a Parenting
Plan or Child Visitation Schedule,
that child custody of any minor children of the
marriage based upon the 'best interests of the
child'. In determining the child's best interests,
the court will consider the following factors:
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The wishes of the parents; |
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The wishes of the child; |
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The interaction and interrelationship of the child with parents,
grandparents, siblings and any other person whose relationship significantly affects the child, |
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The child's adjustment to home, school and community; |
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The physical and mental health of all parties; and, |
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Evidence of domestic violence. |
Delaware divorce laws consider the father and mother to be the joint natural guardians of
their minor child and
are equally responsible for the child's support and welfare. Each parent has equal rights and duties.
Should there be a DE divorce, divorce settlement or separation agreement, all Delaware child
custody issues must be resolved and approved by the court. In a DE divorce, any child who is the subject of a child custody, visitation,
or other related proceeding where the Division of Family Services is a party should have a guardian ad litem appointed by
the court to represent the best interests of the child. The court may also appoint an attorney to represent the minor's interests.
Access to your child's records
Each parent has the right
to receive, on request, from the other parent, all material information concerning the child's progress in school, medical
treatment, significant developments in the child's life, school activities and conferences, special religious events, and
other activities in which parents may wish to participate. Each parent and child also has a right to reasonable access to
the other by telephone or mail. However, the Court can restrict the rights of a child or a parent if it finds, after a hearing,
that the exercise of such rights would endanger a child's physical health or significantly impair his or her emotional development.
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| Ever sold anything on eBay? Imagine anonymously putting your divorce costs up for bid
and having interested lawyers contact you! |
 Visitation
Co Parenting
Under Delaware
divorce laws, parents are joint natural custodians of their
children. When parents live separate and apart,
either or both parents may file a petition in
Family Court asking that the court award custody
to him/her. If a parent desires to have a specific
contact schedule with the child, a Petition
for Visitation (form #350) may be filed. When a Petition
for Custody (form #345), or Petition
for Visitation (form
#350) is filed in Family Court, a Preliminary
Injunction is served immediately on the petitioner
and on the respondent with service of the petition.
This Preliminary Injunction contains two orders:
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Neither
parent will permanently remove the child from the State of Delaware while the custody or visitation
proceedings are pending in the Court without the
permission of the other parent or the
Court. |
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Both
parents are ordered to take a 'Parenting Education Class'. |
At the mediation hearing, the mediator will assist the parents in coming to an agreement
or defining the issues which the parents cannot agree upon. The mediator will inform both of the parties of the language
and content of the Standard Visitation
Guidelines used by the Court.
If the parents are able to settle on a Parenting
Agreement, a consent order will be completed and signed by the parents. If the parents are not able to come to a full
agreement on a co-parenting plan and cannot agree on a Child
Custody Schedule, the mediator will recommend
a contact schedule which will be in place until the Court hearing. If mediation is not successful, the petitioner must complete
Parenting Education and the petition will then be assigned to a
Judge for a full hearing at a later date.
After an order for custody or situation has been entered, if either parent files a Motion and Affidavit
to Modify Custody or a Petition for Visitation Modification, the petition will again be referred to mediation (unless bypassed
because of a finding of domestic violence or no contact order). If no agreement is reached at mediation, the petition would
be referred to a Judge after the petitioner has completed the Parenting Education Class (if not previously completed).
Be aware that you have to guide your side of your DE divorce. Don't rely that your attorney will think of everything.
You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child
Custody Strategies.
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 Spousal Support
Alimony
Maintenance
The Court may award temporary alimony to a dependent party during the course of an action for divorce or annulment. The party may be awarded alimony only if he or she is a dependent party after consideration of the following:
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Is dependent upon the other party for support and the other party is
not contractually or otherwise obligated to provide that support after the entry of a decree of divorce or annulment; |
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Lacks sufficient property, including any award of marital property made by the Court,
to provide for his or her reasonable needs; and |
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Is unable to support himself or herself through appropriate employment or is the custodian
of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment. The
alimony order (also known as a spousal support order or a maintenance order)
may be granted without regard to marital misconduct. |
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The court will consider the following: |
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The financial resources of the party, |
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The time necessary and expense required to acquire sufficient education or training, |
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The standard of living established during the marriage, |
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The length of the marriage, |
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The age, physical and emotional condition of both parties; |
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Any financial or other contribution made by either party to the education, training,
vocational skills, career or earning capacity of the other party; |
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The ability of the other party to meet his or her needs while paying alimony; |
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Tax consequences; |
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Any foregone or postponed economic, education or other employment opportunities during
the course of the marriage; and |
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Any other factor which the Court expressly finds is just and appropriate to consider. |
A person can be eligible for alimony not to exceed 50% of the term of the marriage
with the exception that if a party is married for 20 years or longer, there will be no time
limit as to his or her eligibility. Should one of the parties waive or release his or her right to alimony (in writing),
they will be unable to regain that right.
Delaware divorce laws stipulate that death terminates the obligation to pay alimony
unless otherwise agreed. Remarriage or cohabitation also terminates spousal support obligations.
You may realize that we all need some help processing all this angst. This site has a Divorce
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this nightmare in one piece.
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Mediation
Marriage Counseling
 In
cases involving minor children of the marriage, the court will order that the parties participate in a Parenting Education
Course designed to educate the parties on the impact of divorce on children. Mediation may be
ordered if the court sees benefit to that order. The court may extend the proceeding for up to sixty days should the parties
wish to seek marriage counseling.
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Legal
Separation
Marriage Separation
 Before
you file for divorce, you and your spouse must have gone through a period
of marital separation. To
effect a legal separation, you and your spouse
must not share the same bedroom or have sexual
relations with one another, except for attempts
at reconciliation. A separation can still occur
if you live in the same house so long as you do
not share the same bedroom with your spouse or
have sexual relations with your spouse. To divorce in Delaware, you must not have shared a bedroom or had sexual relations with your spouse at any time within the 30 days just prior to
the day the Court hears the petition for divorce.
The Court will not proceed with the divorce process until you and your
spouse have completed a separation of at least 6 months, unless you are filing for divorce on the grounds of misconduct.
Some of the grounds of misconduct include: physical, mental or psychological abuse, adultery and desertion. If you are filing
on the grounds of misconduct, then you do not have to complete a separation for any specified period of time. However,
be aware that you must prove any allegations of misconduct by presenting evidence of the misconduct
to the Court before a divorce will be granted on this ground.
Also, if you and your spouse have children together, you must attend a Parent Education
Class. If your children are between the ages of 8 and 16, they must also attend the Parent Education Class. The Court will
not proceed with the divorce process until all of the required certificates of completion from the Parent Education Class
have been submitted to the Court. If you have children, you should enroll in the Parent Education Classes early to ensure
that the divorce process is not delayed because of your failure to take the Parent Education Class.
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Waiting
Period
Six months from filing must have elapsed before a divorce may be granted. This
is the old story where the government wants to protect us from ourselves, putting into place a minimum waiting
period in
case the divorce petition was filed amidst emotional chaos and clearer heads may prevail later. Kind of nice that those Delaware
divorce laws are looking out for you, huh?
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 Divorce
Settlement
Distribution of Assets
You will have an opportunity to arrive at a divorce settlement with your spouse.
Should you be unable to, the court will impose its settlement based on the concept of equitable
distribution. The court will equitably divide, distribute and assign the marital property between the parties without
any regard to marital misconduct. Considerations for the divorce court include:
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The length of the marriage; |
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Any prior marriages; |
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The age, health, station, amount and sources of income, vocational skills, employability,
estate, liabilities and needs of each of the parties; |
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Whether the property settlement is in lieu of or in addition to alimony; |
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The opportunity of each for future acquisitions of capital assets and income; |
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The contribution or dissipation of marital property, including the contribution
of a party as homemaker, husband, or wife; |
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The value of the property set apart to each party; |
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The economic circumstances of each party, |
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Whether the property was acquired by gift; and |
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The debts of the parties; and |
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Tax Consequences. |
Delaware Marital Property means: all property acquired by either party subsequent to the marriage
except:
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Property acquired by an individual spouse by bequest, devise or descent
or by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee
spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse
or a notarized document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer |
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Property acquired in exchange for property acquired prior to the marriage; |
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Property excluded by valid agreement of the parties; |
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The increase in value of property acquired prior to the marriage. |
Did you come into this marriage owning a house? Concerned about the equity in that house that you
brought into the marriage? Are you worried about some property you had prior to the marriage, and that it might become part
of your DE divorce settlement or property settlement? Here's how it works generally. What you brought into the marriage is
usually all yours. However, any appreciation of the house or the property value is normally treated as a 'marital asset',
meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce.
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Residency Requirements
At least one of the parties to the action for a DE divorce must have established
residency within the State of Delaware for at least six continuous months immediately prior
to the start of the action for divorce. The petition may be filed in the county where either party resides.
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A
request for a 
