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Legal Statutes: Delaware

UPDATED April 12, 2017

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Chapter 15. DIVORCE AND ANNULMENT

back to top§ 1511. Response; counterclaim; prayers; reply to counterclaim

(a) Respondent may file a verified response, move or otherwise plead in answer to the petition, and may counterclaim for divorce or annulment against petitioner, within 20 days after personal service, receipt of service by mail, appearance personally or by counsel, or the date of publication of notice.

(b) Respondent may seek an award of interim relief under § 1509 of this title, alimony where appropriate under § 1512 of this title, disposition of property, attorney's fees, resumption of former name or any other relief available to a petitioner.

(c) Petitioner may reply, move or otherwise plead in response to a counterclaim for divorce or annulment within 20 days after service of the counterclaim.

(d) For good cause shown, the Court may extend the time stipulated for responding to the petition or a counterclaim.

(e) In any case where there are living children of the marriage, the respondent shall submit with the response, or other responsive pleading, an affidavit signed by the respondent showing that the respondent has read or been advised of the children's rights set forth in § 1507(g) of this title, which rights shall be set forth in full in said affidavit.
58 Laws 1972, ch. 349, § 4; 59 Laws 1974, ch. 350, § 1; 61 Laws 1978, ch. 365, § 10; 67 Laws 1989, ch. 123, § 2.