Divorce Guide

Divorce Guide

Delaware Divorce Rights

Divorce could be defined as a legal action between the spouses which separates them permanently and ends their marital relationship forever. This separation results into the breakdown of the cohabitation of the couple and the child and the effected spouses also have to bear the emotional trauma of the whole process. If you are residing in Delaware, divorce rights of that state should be known to you.

To file a case of dissolution of marriage, the spouse has to be a resident of the state for at least six continuous months. Also there should be a separation between the spouses and they should not be sharing the bed for a considerable period of time. All the documents so as to start the proceedings of the case may be submitted in any of the counties of the state.

There are many legal grounds on the basis of which the court can declare that the marriage has been broken down irretrievably and the separation of the couple is inevitable. Some of the grounds are: mental illness of either of the spouses, incompatibility and the separation due to the misconduct by any of the spouses.

There are some simplified procedures of conducting the process of divorce. By these simplified procedures the divorce is accepted unconditionally by both the parties and the case dies without any further hearing. The petition for the dissolution of the marriage is filed in the Family Court. When the respondent does not respond to the petition within a period of 20 days, the petition is considered to be uncontested. There will be no more notices sent by the family court to the respondent.

The divorce laws of Delaware state that the couple should not share the same bedroom or should not indulge in mutual sex while filing a petition for divorce. The court however may, in order to reconciliate the issue, request the couple to share the same bedroom. These are considered to be steps to pacify the issues between the couple. The court may also give time to the couple to settle the issues and seek counseling.

The couple filing the case for the dissolution of the marriage if has a minor child will have to participate in a course as per the divorce laws of Delaware. The name of the course is Parenting Education Course. It is mandatory for the parents to participate in the course if they have children upto 17 years of age, and they seek divorce. The court however may declare that the participation in the course is not mandatory but it will be decided on the basis of the complexity of the case.

In case of divorce, Delaware follows the principle of equitable distribution of resources. Equitable distribution of property means that the property and debt acquired by the couple during the marriage will be divided equitably. The length of marriage, age and health, family responsibilities, employability are the factors which are considered by the court while deciding on the equitable distribution of the property. Child custody, child support and alimony support are given due importance and the above mentioned factors are considered so as to ensure the care, welfare and education for the child.

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