Delaware No Fault Divorce

If there is a past record of domestic violence of any particular divorcing partner, then, this divorcing partner must compulsorily take part in an intensive course during which several topics are covered. Some of these topics are as follows.

• Education about domestic violence
• Prevention of domestic violence
• Impact of domestic violence on child(ren)

Grounds of Delaware No Fault Divorce

When the court concludes the following results, the divorce can be granted.

• 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.

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

Residency requirements of Delaware No Fault Divorce

The divorcing partner, who files for divorce, must be residing in this state for minimum 6 months prior to the date when the divorce papers were filed. In case of members of the armed forces of the United States, the member must be stationed in this state for minimum 6 months before the filing date.

Procedure of Delaware No Fault divorce

• The county in this state, in which either divorcing partner resides, can be selected as the venue for filing the divorce papers
• The minimum separation period is 6 months
• There is no need that the Respondent should remain present for the Final Hearing, in case the divorce is an uncontested one. However, the Petitioner must remain present and testify at 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
• Whenever children under 18 are involved in the divorce, it is mandatory that the divorcing parents must undergo a "Parenting Education Course." This course is of 4 hours duration and comprises of at least the below mentioned issues
  • Cooperative parenting
  • Stress reduction in children
  • Guidelines for visitation
  • Conflict management and dispute resolution
  • Adjustment of children to 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 enough, 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) should not be compromised
• If the child(ren) are not harmed by the presence of any one 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 fashion. However, marital property is divided in an equitable manner and this means that it is not divided necessarily equally

Divorce Papers