Delaware No Fault Divorce

Divorce Papers > No Fault Divorce > Delaware No Fault Divorce

Delaware no fault divorce is quite similar to other no fault divorce procedures that occur in different states in the United States. In a no fault divorce both the partners reach to a final decision of getting a divorce from each other. In some of the states, the court laws expect the divorcing individuals to fulfill some prior conditions, such as meeting the definite duration of the separation period. However, Delaware no fault divorce laws does not demand any such separation requirements before filing a no fault divorce in the court house. As a result, either of two partners can simply file the petition on the basis of the specified and valid grounds for a no fault divorce, such as irreconcilable difference, incompatibility between the spouses, irretrievable breakdown of the marriage and likewise. One should, however, fulfill the residential requirements before filing a divorce. The residency requirement is one of primary considerations, without which a divorce cannot be granted in Delaware. However, if neither of the two partners fulfills the residency criteria, then it can be attained by simply staying in the state for at least six months. Here we are providing detailed information related to Delaware no fault divorce and the other legal formalities that need to be fulfilled.

Residency requirements for Delaware no fault divorce

Either of two divorcing partners, who files for divorce, must be residing in the state for minimum six months prior to the date the divorce papers are filed. In case of members of the armed forces of the United States, the member must be stationed in this state for minimum six months before the filing date.

Grounds for Delaware no fault divorce

Divorce can be easily granted when the court concludes the following results:

• The marriage has been irretrievably broken
• Any reconciliation between the couple is not possible

It can be concluded that a marriage has been irretrievably broken, if one of the following conditions exist:

• Incompatibility between the spouses finally leads to separation
• The disturbed mental state of the partner may also leads to the separation between both the partners
• The misbehavior shown by the respondent can also be one few the major reasons for separation

Procedure of Delaware no fault divorce

• The county in this state, where either divorcing partner resides, can be selected as the place for filing the divorce papers.
• The minimum separation period is six months
• There is no need for the respondent to remain present for the final hearing; in case the divorce is an uncontested one. However, the petitioner must remain present for the final hearing. Sometimes it may happen that the testimony of the petitioner does not endorse the petition in some respects. In such a situation, the Court reserves the right to deny the petition or demand other proof or corroborating testimony.
• When divorcing parents have children less than eighteen years of age, it is mandatory that the divorcing parents undergo a "Parenting Education Course." This course is of four hours duration and addresses the below mentioned issues:
  • Cooperative parenting
  • Stress reduction in children
  • Guidelines for visitation
  • Conflict management and dispute resolution
  • Adjustment of children during parental separation
  • Developmental stages of children

  There is a provision for the divorcing partners to file a motion to waive attendance for this course. If the court reaches a conclusion that the motion is appropriate, then the waiver may be granted.

• The child support and child custody topics are handled by the court following the principle that the best interests of the child(ren) are not compromised.
• If the child or children are not harmed by the presence of either of the parent, then it becomes possible to grant joint custody. In such a case, one parent is awarded prime physical custody while the other is given visitation rights.
• The property earned by a divorcing partner prior to marriage, may be allocated to the partner who earned it and may not be divided in an equitable manner. However, marital property is divided in an equitable manner and this means that it is not necessarily divided equally.

Delaware no fault divorce can be concluded only through joint agreement of both the parties on all essential matters related to their marital relationship. However, some of the critical issues, such as, decisions related to child custody, settlement of visitation schedule etc, are finally sorted out with the help of court professionals of the state.

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