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Legal Statutes: Delaware

UPDATED April 12, 2017

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Chapter 15. DIVORCE AND ANNULMENT

back to top§ 1504. Jurisdiction; residence; procedure

(a) 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. Notwithstanding the immediately preceding sentence, in addition to any other basis for jurisdiction it may otherwise have, the Family Court of this State has jurisdiction over all proceedings for divorce and annulment of same-gender marriages that are solemnized in this State or created by conversion of civil unions pursuant to the laws of this State, notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. If neither of the parties to a same-gender marriage solemnized in this State or created by conversion of a civil union pursuant to the laws of this State reside in this State, any petition for divorce or annulment of such marriage shall be filed in the county in which one or both of such parties last resided in this State.

(b) The procedure in divorce and annulment shall conform to the rules of the Court where the same do not contravene this title.
58 Laws 1972, ch. 349, § 1; 59 Laws 1974, ch. 350, § 1; 60 Laws 1975, ch. 297, § 3; 60 Laws 1976, ch. 333, § 2;  79 Laws 2013, ch. 19, § 7, eff. July 1, 2013.