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Delaware Divorce Law

Divorce Laws in Delaware

According to Delaware divorce laws you can request either a fault or no fault divorce. The entry of no fault divorce requires only the statement that there has been an irretrievable breakdown of the marriage, shown by a separation of the spouses. Fault based grounds can include, but is not limited to, adultery, abuse or desertion. You may also request the no fault ground of irrevocable differences. Additionally, one of the spouses must have resided in Delaware for six months before filing for a divorce in DE.

Alimony & Equitable Distribution in Delaware

Delaware is known as an equitable distribution state. According to the divorce laws in Delaware this means that the marital property must be divided equally. Separate property, or property acquired prior to marriage, shall be retained by the owning spouse.

Alimony can be granted to either the husband or wife, without regard to marital fault under Delaware divorce laws. Such relevant economic factors as the length of the marriage and the partiesí prior living standard are considered in determining the amount that should be paid to the requesting spouse. However, alimony may not exceed half the duration of the marriage.

Delaware Child Support, Child Custody and Child Visitation

The main focus in determining child custody, according to Delaware divorce law, is the best interest of the children. However, under DE divorce laws, the court will consider the wishes of the parents and the child as well as the child interaction with family members. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Melson Formula, based on the net income of both parents, the time they spend with the child and the number of dependants as set forth by divorce law in Delaware. Expect to pay child support until the age of 18 or 19, or until the child is a high school graduate.

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