Delaware Divorce Steps
A marriage is an important phase in any individual's life. It is made with commitment and love that is expected to last for a lifetime. But, sometimes things go wrong between partners and the marriage is broken down virtually. In this case, spouses opt for a separation as an option to end this commitment officially. This procedure includes many steps. Here is brief information about the steps for ending a marriage in Delaware.
Initialization of Delaware Divorce Steps
A divorce is initialized when a divorcing partner files a petition for dissolution in a courthouse. There are specific residency requirements to be followed while applying for a separation from the spouse. The requirement of residency in Delaware state is of six months or more. That means a resident of the state for consecutive six months is eligible to file for a divorce.
Some of the addresses where such an initialization can take place are as follow:
Family Court of the State of Delaware (in Sussex County)
Family Court of the State of Delaware (in New Castle County)
Family Court of the State of Delaware (in Kent County)
Delaware Divorce Steps in case of Uncontested Divorce
The petition is considered to be of an uncontested divorce, if one of the following two things happens:
When it is concluded that the permanent separation is an uncontested one, the Petitioner can choose one of the following two steps:
In an uncontested divorce, it is essential that partners agree on the terms of dissolution of the union mutually. If there is any dispute regarding issues of property and children, the case will be converted to the contested one.
Divorce Steps regarding Visitation or Child Custody
Parents are regarded as natural custodians of the child as per the law in this state. However, if the parents reside separate and apart, they desire custody or visitation and approach the court regarding the same:
When one of the above mentioned forms is filed in the family court, this court serves a Preliminary Injunction to both the divorcing partners. This injunction comprises of the following orders:
The next step is to undergo a mediation hearing. During this step, the mediator explains the language and content of the Standard Visitation Guidelines referred to by the court. The mediator then helps the divorcing partner to reach an agreement regarding these issues:
Thus, it is necessary to get a clear idea about a process of dissolution in Delaware in order to obtain an easy and hassle-free dissolution. Delaware divorce steps are applicable to the contested case also. But, there may be slight variations according to the type of divorce.
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