Delaware Legal Guide

Overview: Legal Issues in Delaware

Delaware's family court system is efficient and accessible, with relatively low filing fees and clear statutory guidelines for custody determinations. The 6-month residency requirement and straightforward no-fault process make it manageable for most couples.

Whether you are filing a case, handling a dispute, or evaluating your options for legal help, understanding Delaware's specific laws is the essential first step. This guide covers common legal requirements and rules that may apply in Delaware.

Filing Requirements

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

Filing before the required threshold is met can result in dismissal. If you have recently moved to Delaware or are considering where to file, confirming eligibility is the critical first step. An experienced Delaware attorney can confirm whether you currently qualify to file.

Case Grounds and Filing Options in Delaware

Delaware recognizes no-fault divorce based on irretrievable breakdown of the marriage (separation for 6 months or mutually agreed). Fault grounds include misconduct, mental illness, and imprisonment.

For many matters, simplified or uncontested filing is the most practical choice because it avoids the time and cost of a contested hearing. In places where fault can affect outcomes, discussing strategy with your attorney before filing is worthwhile.

Property and Asset Issues in Delaware

Delaware divides marital property equitably, considering the contribution of each spouse to the acquisition of marital assets, the value of each spouse's separate property, and each spouse's economic circumstances.

Marital property generally includes assets and debts acquired during the marriage, while separate property (owned before marriage, or received as a gift or inheritance) is typically excluded. Complex assets like retirement accounts, business interests, and real estate often require professional valuation and careful legal handling.

Waiting Periods & Timeline

There is a 30-day waiting period after filing before the court will schedule a hearing.

Even in states without a mandatory waiting period, the practical timeline for legal matters can range from a few weeks for simple filings to many months for contested matters. Disputed assets, business interests, or other complex issues can extend timelines significantly.

Child-Related Issues in Delaware

Delaware Family Court determines custody based on the best interests of the child, considering 15 specific statutory factors including the relationship of the child with each parent, the child's adjustment to home and school, and history of domestic violence.

Orders involving children are not permanent — they can often be modified after the initial order if there is a substantial change in circumstances. Courts in Delaware will always prioritize the best interests of the child over the preferences of either parent.

Common Custody Terms

• Legal custody — the right to make major decisions about the child's education, healthcare, and religious upbringing
• Physical custody — where the child primarily lives
• Joint custody — both parents share legal and/or physical custody
• Sole custody — one parent has primary legal and/or physical custody

Support Considerations in Delaware

Delaware awards alimony on a discretionary basis considering the financial resources of each party, the standard of living during the marriage, the duration of the marriage, and each party's ability to meet their own needs.

Support is not automatic in every case. If you believe support may be available or may be required, consulting with a Delaware attorney early in the process is important.

What Makes Delaware Law Distinctive

Delaware has one of the lowest divorce filing fee ranges in the country, with fees starting around $58 for certain petition types.

Frequently Asked Questions: Legal Issues in Delaware