Divorce papers in Delaware — filing for divorce in DE

Online divorce in Delaware

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Online Divorce in Delaware

divorce in Delaware

For those seeking an inexpensive divorce in the state of Delaware, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Delaware.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though Delaware has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Delaware is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Delaware with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Delaware, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. Delaware is no exception.

To file for divorce in Delaware, one or the other spouse must have lived in the state for at least six months prior to filing or have served in the armed forces in the state for this length of time.

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date Delaware driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in Delaware

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Delaware. Grounds are merely the reason for divorce, and the state must approve them.

No-fault grounds for divorce in the state of Delaware include:

#1

Irretrievable breakdown of a marriage where reconciliation is most improbable [the marriage could be considered “irretrievably broken” if it is falls into one of the following categories:

  1. (a) the parties have entered voluntary separation;
  2. (b) there is a separation caused which was caused the one spouse’s marital misconduct or a noted mental illness; or
  3. (c) marital sep­aration caused by overall incompatibility; and
#2

The couple has lived apart for a minimum of six months because of this incompatibility]. [Delaware Code Annotated; Title 13 Chapter 15 Section 1505].

General reasons for dissolution of marriage in the state of Delaware include:

#1

Marital separation caused by incurable mental illness. [Delaware Code Annotated; Title 13 Chapter 15 Section 1505].

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Custody of the child in Delaware

Custody of the child

Joint legal, joint physical or sole custody can be decided in regard to what would be in the best interests of the child or children and without regard to the gender of either parent, and after consideration of the following factors:

  • The preferences of a sufficiently mature child;
  • The desires of the parents;
  • The child’s agreement to a home, school, and environment;
  • The overall mental and physical wellness of all individuals involved;
  • The relationship that the child has with his or her parents, siblings, and other family members; and
  • Any past and current compliance by the parents with regard to supporting the child.
  • The conduct of the parents are only considered as a bearing on his or her relationship with the children.

Also, in any case involving children, the parent who petitions for divorce must submit with the divorce decree an signed affidavit stating that the other parent has received advisement of children’s rights. The rights must be included with the affidavit. The children’s rights include:

  • A right to a continuing relationship with both parents;
  • The right to be treated as an important human being, with unique feelings, ideas, and desires;
  • The right to continuing care and guidance from both parents;
  • The right to know and appreciate what is good in each parent without one parent degrading the other;
  • The right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent;
  • The right to know that the parents’ decision to divorce was not the responsibility of the child;
  • The right not to be a source of argument between the parents;
  • The right to honest answers to questions about the changing family relationships;
  • The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans; and
  • The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other.

These rights are pulled directly word for word from the Delaware State Code.

[Delaware Code Annotated; Title 13 Chapter 15 Section 1507 and Title 13 Chapter 7 Section 722].

Rules for child support in Delaware

Delaware’s standard child support rules and regulations will apply in almost every divorce case, barring extraordinary circumstances. Both parents’ gross incomes and some child related expenses will be considered as the child support is calculated. Child support continues until the child reaches age 18 and it may extend until the completion of secondary education in some cases.

Each parent has an equivalent duty to support any children. The following factors are considered in awards of child support:

  • The fiscal resources of the child;
  • The standard of living the child would have had if there were no divorce;
  • The age and wellness of the parents;
  • The ability to earn of each parent;
  • The amount and sources of income of each parent;
  • The age, wellness, or station of the child;
  • The estate and needs of the child; and
  • The relative fiscal means of the parents. [Delaware Code Annotated; Title 13 Chapter 5 Section 501 and 514. Title 13 Chapter 7 Section 701].
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Rules for spousal support in Delaware

Rules for spousal support

Alimony, which can be sometimes referred to as spousal support, may be ordered by the court to help a spouse live and comfortably exist in a manner established during marriage after the divorce. Assistance may be decided together upon by the couple before filing or it may be awarded by the court in a contested marriage dissolution case.

Spousal support may be awarded to either soon-to-be ex, based on the following elements, if he or she:

  • Is dependent on the other soon-to-be ex;
  • Lacks sufficient property, including any award or marital property, to provide for his or her reasonable requirements; and
  • 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.

Either soon-to-be ex may be awarded spousal support for no longer than a time equal to 50% of the length of the marriage. There is, however, no time limit if the marriage lasted for over 20 years. Infidelity is not a element to be considered in an award or spousal support.

The elements to be considered are:

  • The time necessary to obtain sufficient education and training to enable the soon-to-be ex to find appropriate employment and that soon-to-be ex’s future earning capacity;
  • The standard of living established during the marriage;
  • The length of the marriage;
  • The ability of the soon-to-be ex from whom support is sought to meet his or her requirements while meeting those of the soon-to-be ex seeking support;
  • The financial resources of the soon-to-be ex seeking spousal support, including marital property apportioned to any soon-to-be ex and any soon-to-be ex’s ability to meet his or her requirements independently;
  • The tax consequences to each soon-to-be ex;
  • The age of the soon-to-be exs;
  • The physical and emotional conditions of the soon-to-be exs;
  • Any custodial and child support responsibilities;
  • Whether either soon-to-be ex has foregone or postponed economic, education, or other employment opportunities during the course of the marriage; and
  • Any other element that the court finds fair and appropriate.

Any party awarded spousal support has a duty to make an effort to seek vocational training and employment unless the court finds that it would be inequitable to require this because of:

  • A severe physical or mental handicap;
  • His or her current age; or
  • The requirements of any children living with the soon-to-be ex who is given spousal support.

Unless the soon-to-be exs agree otherwise, spousal support is terminated upon death, remarriage, or cohabitation with another individual. [Delaware Code Annotated; Title 13 Chapter 15 Section 1512].

Property division in Delaware

Property division

Delaware is considered an “equitable distribution” state. Each spouse’s separate property which is that including property:

  • Obtained before the marriage;
  • Obtained from an inheritance;
  • Specified as separate prop­erty due to a written agreement between the spouses; or
  • Property which was acquired in trade for separate property or from an increase in value of separate property.

All separate property is kept by the spouse who owns this prop­erty. Marital property which is acquired during the marriage, to include any property acquired as a gift, should be divided equally, without any regard to fault, based on these factors:

  • The contribution that each spouse made towards obtaining the marital property, including any contribution of each spouse as homemaker;
  • The value of each spouse’s separate property;
  • The economic circumstances of each spouse when the property division would take place;
  • The duration of the marriage;
  • The age and wellness of spouses;
  • The jobs of the spouses;
  • The incomes of the spouses;
  • Any vocational skills the spouses may have;
  • The employable skills of the spouses;
  • The property, debts, and overall needs of each spouse and what opportunities that each may have for further acquisition of said assets and income;
  • The income tax consequences of the court’s division of any property;
  • Liabilities of the individuals;
  • Any prior marriages of each of the spouses;
  • Whether a property award would be instead of or in addition to spousal maintenance;
  • Who acquired the property and how; and if there is a custodial provisions for the children. [Delaware Code Annotated; Title 13 Chapter 15 Section 1513].

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Mediation support in Delaware

In a contested divorce, the court may delay the divorce for up to 60 days which would allow the spouses to seek mediation, counseling or obtain a conference. Additionally, there are arbitration units attached to the Delaware Family Court. Finally, the court can require parents seeking divorce to participate in a state-certified “parenting education course.” If either of the parents has a history of spousal or child-related violence, he or she can be required to attend additional, intensive courses. [Delaware Code Annotated; Title 13 Chapter 15 Section 1507 and 1517].

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in Delaware

Delaware forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

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Filing fees for divorce in Delaware

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet that is required by a local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email or live chat and we'll do our best to help.
  • We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or money back - we have 19 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.