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Legal Information: Delaware

Divorce

Updated: 
April 8, 2020

If I am getting divorced, can I take my kids out of the state?

It depends. Once a petition for divorce or annulment has been filed, a restriction called a “preliminary injunction” is put in place against both parents that prohibits them from taking any children who live in Delaware out of the state without the prior written consent of your spouse or the permission of the court. So if you want to take your child out of the state, even for vacation, you should ask the other parent for written permission or the judge for permission first.1

Note: The preliminary injunction applies to the petitioner as soon as s/he files the petition and against the respondent as soon as s/he is served with a copy of the petition.

1 13 Del.C. § 1509(a)(3)

Can I have my name changed back to my maiden or former name?

Yes. You can ask the court in a pleading (the complaint or answer) or in a motion to order that you can resume your maiden or former name.1

1 13 Del.C. § 1514

Where can I find additional information about divorce on WomensLaw.org?

You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.