Delaware Divorce Questions

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To file a divorce in any state, you need to first get details about the divorce laws in that state. If you are thinking about ending your marriage, you need to know about the way to file for divorce and the proceedings of divorce in that state. When you have knowledge about the legal terms related to divorce, the divorcing filing and further paperwork are easy to go through. You need to know legal terms such as what is the person applying for divorce called and what is the person who is served the divorce papers is called. It is essential to know legal terms related to divorce. The Delaware divorce questions and their answers mentioned here are important legal details followed in Delaware. These easy to understand questions and answers list will answer all your queries related to divorce legal procedures in Delaware.

Some examples of Delaware Divorce Questions

Q. Explain some terms related to Delaware Divorce?

A. The partner, who initiates the divorce procedure by filing the divorce papers, is referred as the Petitioner. The other partner, who is served the divorce papers, is called as the Respondent. The Petitioner, in order to commence the divorce procedure, files the Petition for Divorce. When the Judge signs the document known as Decree of Divorce, the divorce becomes final. This is the final document.

Q. Is it essential that the Petitioner must have to stay in this state before filing the Petition of Divorce?

A. Either the Petitioner or the Respondent must have lived in this state for minimum 6 consecutive months immediately before the filing of the Petition for divorce. The county in which either the Petitioner or the Respondent resides is the proper place to file the Petition.

Q. What is the waiting period that has been specified in Delaware?

A. The condition for the grant of a divorce is that the Petitioner and the Respondent must reside apart and separate for duration of 6 months.

Q. Which grounds of divorce are admissible in Delaware?

A. The sole ground of divorce is that the marriage is irretrievably broken and there is no reasonable possibility of any reconciliation. A marriage can be considered irretrievably broken when it has the following features.

  • Separation due to incompatibility
  • Separation due to the mental illness of the Respondent
  • Separation due to misconduct of the Respondent
  • Voluntary Separation

Q. If the Respondent lives in another state, is it possible for the Petitioner to file for divorce in this state?

A. Yes.

Q. Are common laws acceptable in this state?

A. No. There are no legal provisions to acknowledge common laws.

Q. For what period can the alimony expected?

A. The duration for which alimony is expected is not more than 50 percent of the duration of marital life, except when the marital life has been 20 years or more. When a divorced person is granted alimony, there is a continuous obligation on this person to attempt and find appropriate vocational training and employment. The sole exception to these attempts is when the court decides that it would be unfair to do so. If the recipient of alimony cohabits with a third person or remarries or dies, the obligation to disburse alimony is terminated.

Q. Whether separate property is included while distributing property?

A. Consider that a property has been attained by one spouse prior to marriage. This is categorized as separate property. During marital life, this property is used for the common benefit of both the parties. Such a separate property is taken into consideration while dividing the property. While arriving at some decision, the frequency of use of such property is considered by the court.

Q. Has the divorce law in this state made any specifications for a simplified divorce proceeding?

A. In this state, no laws incorporate a simplified divorce proceeding. However, the Respondent has the liberty to file a waiver of service of process after filing the answer. Due to this waiver, there is no need of any further service or notice.

The Delaware divorce questions mentioned above are important question whose answers must be known by those who are planning to file for divorce in Delaware. The person planning to file for divorce in Delaware State would have several questions in their mind related to divorce procedures in this state. Along with divorce filing process, one should also be aware about alimony amount, property distribution right, visitation rights, child custody, divorce grounds etc. If the divorcing partners want to opt for simplified divorce, then they should be aware about the simplified divorce proceedings in this state.

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