Delaware Family Laws

At least one spouse must have been a resident of Delaware for at least 6 months before filing for divorce.

Delaware is a no-fault divorce state. The sole ground for divorce is that the marriage is irretrievably broken and reconciliation is improbable. The court looks for evidence such as voluntary separation, misconduct, mental illness, or incompatibility.

Courts evaluate multiple factors including each parent's wishes, the child's wishes, the child's relationships, adjustment to home and community, and each parent's mental and physical health. No presumption favors either parent based on sex.

Marital property is divided equitably considering factors like the length of the marriage, each spouse's economic circumstances, contributions during the marriage, and the value of separate property. Property acquired before marriage or by gift/inheritance may be excluded if not used for the common benefit.

Courts may award alimony based on need and the other spouse's ability to pay, considering the standard of living during the marriage, duration of the marriage, age, health, earning capacity, and whether the recipient contributed to the other spouse's education or career.

Delaware uses the Melson Formula for child support, which considers both parents' incomes, the needs of the child, and a standard of living adjustment. The formula ensures that each parent's basic needs are met before calculating the support obligation.

Victims of domestic violence can petition for a Protection From Abuse (PFA) order requiring the abuser to stay away, vacate the home, and surrender firearms. Violations are criminal offenses.