Know the Laws: Delaware
UPDATED July 11, 2008
WomensLaw.org does not currently have divorce information for Delaware. The following links may provide helpful information.
Delaware State Courts
Provides information and court forms for filing for divorce.
Divorce Support - Delaware
Provides a professional directory of divorce lawyers, mediators, counselors, financial planners and other divorce professionals as well as articles on child custody, visitation, child support, alimony, and property and debt division. You will also find access to other state specific resources, products and services.
The Delaware Family Law Center
A resource on divorce and family law in the State of Delaware for non-lawyers and pro se litigants.
WomensLaw.org has no relationship with these organizations and does not endorse their services. We provide these links for your information only.
Below is general information about divorce.
- What are the basic steps for filing for divorce?
- Where can I find additional information about divorce?
back to topWhat are the basic steps for filing for divorce?
While divorce laws vary by state, here are the basic steps:
- First, you must meet the residency requirements of the state.
- Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
- Third, you must file divorce papers and have copies sent to your spouse.
- Fourth, if your spouse disagrees with anything in the divorce papers, then he will have the opportunity to file papers telling his side. This is called “contesting the divorce.” If he contests it, then you will have a series of court appearances to sort the issues out. If your spouse does not disagree with anything, then he should sign the papers and send them back to you and/or the court. If your spouse agrees with everything and signs the papers, this is called an “uncontested divorce.” Also, if a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. (Speak to a lawyer in your state about how long you have to wait to see if your spouse answers before you can continue with the divorce).
- Fifth, if there is property that you need divided or if you need financial support from your spouse, then you will have to work that out either in an out-of-court settlement or in a series of court hearings. Custody may also be decided as part of your divorce.
back to topWhere can I find additional information about divorce?
The National Council of Juvenile and Family Court Judges has a free, in-depth information packet called "Managing Your Divorce: A Guide for Battered Women," which you may find helpful, especially if you have to represent yourself in your divorce. There are also other information packets on related topics which can be found on their website at http://www.ncjfcj.org/content/blogcategory/256/302/.