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RESIDENCY REQUIREMENTS:
The Family Court of the State of Delaware has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. (Delaware Code, Title 15, Paragraph 1504)
GROUNDS FOR DIVORCE:
- The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable.
- A marriage is irretrievably broken where it is characterized by:
- Voluntary separation; or
- Separation caused by respondent's misconduct; or
- Separation caused by respondent's mental illness; or
- Separation caused by incompatibility.
- Previously existing defenses to divorce of condonation, connivance, recrimination, insanity and lapse of time are preserved but only with respect to marriages characterized under subsection (b)(2) of this section.
(Delaware Code, Title 15, Paragraph 1505)
WHERE TO FILE :
A petition for divorce or annulment of marriage shall be captioned:
IN THE FAMILY COURT OF THE STATE OF DELAWARE IN AND FOR ...... COUNTY (Delaware Code, Title 15, Paragraph 1507)
The petition shall be filed either in the county wherein petitioner resides or the county wherein respondent resides.
CHILD CUSTODY:
The Delaware Courts determine legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:
- The wishes of the child's parent or parents as to his or her custody and residential arrangements;
- The wishes of the child as to his or her custodian(s) and residential arrangements;
- The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child's best interests;
- The child's adjustment to his or her home, school and community;
- The mental and physical health of all individuals involved;
- Past and present compliance by both parents with their rights and responsibilities to their child;
- Evidence of domestic violence as provided for in Chapter 7A of this title; and
- The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.
(Delaware Code, Title 13, Paragraph 722)
The Court shall not presume that a parent, because of his or her sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child's primary residential parent.
DIVISION OF PROPERTY:
In a proceeding for divorce or annulment, the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the Court deems just.
The relevant factors that shall be considered include:
- The length of the marriage;
- Any prior marriage of the party;
- The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties;
- Whether the property award is in lieu of or in addition to alimony;
- The opportunity of each for future acquisitions of capital assets and income;
- The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife;
- The value of the property set apart to each party;
- The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live;
- Whether the property was acquired by gift, except those gifts excluded by subsection (b)(1) of this section;
- The debts of the parties; and
- ax consequences.
(Delaware Code, Title 15, Paragraph 1513)
"Marital property" means all property acquired by either party subsequent to the marriage except:
- Property acquired by an individual spouse by bequest, devise or descent or by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or a notarized document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer;
- Property acquired in exchange for property acquired prior to the marriage;
- Property excluded by valid agreement of the parties; and
- The increase in value of property acquired prior to the marriage.
(Delaware Code, Title 13, Paragraph Paragraph 1504, 1513)
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