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Delaware Divorce.

In Delaware to file for divorce, either of the spouses can reside in Delaware and divorce.  In Delaware you must be a resident of the state for at least 6 months prior before filing for divorce.  You can also be stationed in Delaware for the armed services, and again must be stationed there for at least 6 months prior before filing for divorce.  The divorce process in Delaware begins when either of the spouses files for a divorce.  Divorce in Delaware is referred to as dissolution of marriage.  The divorce papers must be filed in the county where either spouse resides.  The other spouse will then be served with the divorce papers and given a reasonable amount of time to respond to the divorce papers. In Delaware the only reasons for a divorce are irreconcilable differences or that the marriage is broken, referred to as irretrievably broken, which means that either of the spouses want to continue in the marriage, that is beyond fixing and the only thing to do now is to get a divorce.  Divorce papers are only filed as irretrievably broken.  As in most states and others where it is mandatory, we do suggest that counseling is important, especially if there are children involved, a lot of times they get caught up in the whirlwind of the divorce and think it is their faults, carrying this with them forever.  Counseling also helps spouses move on, knowing that they did all they could to help the marriage before a divorce. Divorce in Delaware does not have to be court approved, if the spouses are in agreement over debt division, property division, child support, and child custody the papers can be filed without a court trial date.  If either of the spouses do want to prove that either of the spouses was at fault for divorce or not in agreement with anything you must prove one of the following.
  1. That there was a separation that was voluntary in the marriage, then divorce can go to trial to prove.
  2. Spouse misconduct, what does this mean?  It can be adultery, alcohol and drug abuse, etc, and then the divorce can go to trial, to prove.
  3. A mental illness that your spouse has that caused a separation in the marriage, then divorce can go to trial, to prove.
  4. If there was incompatibility that caused a separation in the marriage, then divorce can go to trial, to prove.
  

 

Posted: Feb 13 2008, 06:18 AM by Divorce | with no comments
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