See if you Qualify in Delaware
Online Divorce provides qualitative and approved by the court Delaware divorce papers. The information below will help you understand more about the divorce in Delaware. However, if you feel any doubts or insecurities, we will help you to figure out how to get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Delaware. We guarantee that in a short time you will receive the correct Delaware divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorced in Delaware:
1. To get a divorce in the state of Delaware can those couples whose marriage was concluded in accordance with state law. In other words, marriage is recognized on the legal side.
2. The couple must comply with the state's requirements for residence until the time the suit is filed.
3. The couple must have grounds for divorce. Delaware is a no-fault state, in other words you need to prove that between you and your spouse there are irreconcilable differences that do not allow you to live as a family and there is no hope for reconciliation.
4. It is very important that you and your spouse decide who will be the main guardian of underage children born in marriage, if any. If you can not come to an agreement, then the court will make its decision, which will be based on the analysis of the factors that have developed in the marriage. However, this can significantly delay the process of divorce. Similarly, if you have a common property or you are applying for alimony, these questions should also be discussed with the spouse and you both have to come to a decision. Otherwise, the court will make a decision in the process of hearing your case, which can prolong the divorce for a long time.
You must fill out the Delaware divorce papers. At first glance, this may seem like a fairly easy process, but it is not. When filling out divorce form documents you can meet with many pitfalls, especially if you do not have a legal background. Please note that if you make any mistakes in drafting documents, the court will reject them and then you will have to remake Delaware divorce papers, which can greatly delay the divorce proceedings. However, do not worry, you can initiate an online divorce in Delaware simply by using our service. Online Divorce will prepare for you all the necessary documents that correspond to the type of your divorce. We will do all the hard work for you regarding filling out the forms and we will send you ready-made papers that you will only need to provide to the court.
6. As soon as you file Delaware divorce papers to the court, you are obliged to send copies of these documents to your spouse, and then to provide the court with a certificate stating that your spouse has been notified of the commencement of the divorce proceedings. After this, you will have to wait for some time until the court grants a divorce, it may take up to several months. If you and your spouse have controversial issues, then you will need to appear in court for a meeting to resolve disputes.
If you wish to obtain a divorce in the state of Delaware, then according to state law must comply with the requirements for residence. Thus, you or your spouse must be residents of the state or live on the territory of Delaware for 6 months before filing a lawsuit.
Valid Grounds to get divorce
Divorce in Delaware can be granted based on no-fault ground. The only reason you are looking for a divorce is that your marriage is considered irretrievably broken. You can prove this by matching one of the following circumstances:
1) you do not voluntarily live with your spouse and both agree on it;
2) the division which is caused by the improper behavior of the spouse. Please note that misconduct should be one that does not allow you to be married anymore. Unauthorized behavior can include bigamy, adultery, cruel treatment, committing a crime and getting a prison term of at least 1 year, voluntary refusal to perform marital duties, physical or verbal abuse, drug use or alcohol addiction. This is the main reason for the misconduct of the spouse, but it is not limited to this list only.
3) separation due to mental illness of your spouse;
4) separation because you do not get along with each other and there is no way for reconciliation;
Annulment is one of the ways to get a divorce in Delaware, which is usually quicker. However, there is a nuance: in order for a couple to cancel their marriage, they must prove that it does not have legal force. This means that the marriage was concluded with violations of the law and is not recognized by the state of Delaware.
Marriage can be considered void in case if:
1) One of the spouses already has a legal marriage, which was registered earlier than the current one and has not yet been terminated.
2) Incestuous . Spouses are close relatives to each other.
3) At least one of the spouses has not yet reached the age of majority, and at the time of marriage, there is no agreement from the parents or the court to register this marriage.
4) At the time of marriage, one of the spouses was mentally incapacitated and could not give his consent to the marriage.
5) Marriage is fraudulent in order to force the second spouse to consent.
6) If one and the spouse is impotent, and the second spouse did not know about it at the time of the wedding ceremony.
To terminate an invalid marriage is possible through a court. You need to fill out in special divorce form documents for cancellation. If in the marriage you have joint property or minor children, the cancellation process may be delayed. In any case, you must properly fill out the Delaware divorce papers so that the court does not reject them. This is a rather complex and lengthy process, on which the outcome of your process regarding annulment will depend.
Custody of the Child
Parents’ divorce for any child is a stressful process, so when divorcing in Delaware, as in many states, the court is largely responsible for appointing a guardian for an underage child born in a marriage. According to state law, custody can be physical or legal. The first type implies that the guardian will deal with the child's day-to-day matters and bear responsibility for them, and the second type means that the guardian will make important decisions in the life of the child, but this does not mean that the child will live with him or her.
The decision on custody will be made by the court on the basis of what best suits the interests of the child. So the court will need to take into account many factors before the guardian is appointed, they can be attributed to:
1) the desire of the child to live with one of the parents;
2) the desire of parents to take responsibility when raising a child;
3) the age of the child, his or her physical indicators, as well as the level of health and physical performance of each parent;
4) a parenting plan provided by each parent;
5) other factors that the court may find significant.
Pay attention in your Delaware divorce papers should be mentioned if you or your spouse are already a guardian of a child from a previous marriage.
Rules for Child Support
If the couple divorce, then after the marriage is terminated, both spouses are obliged to provide financial support to their underage children. The state of Delaware applies "Melson Model" to calculate the amount of support. This model is a modified formula of "Income Shares Model", which is used in many states. The peculiarity of the "Income Shares Model" is that the amount of child support is calculated on the basis of his or her needs as if the family were together, after that the amount is divided proportionally between the parents in accordance with their income level. The Melson Model provides for additional adjustments, including allocation of a “self-support allowance” to each parent before determining how much of the parent’s income is available for child support, and a “standard of living adjustment” (SOLA) after calculation of a child’s primary needs, to bring support amounts more closely in line with the economic status of the child’s parents.Thus, in order to get a fair amount to support the child, it is very important to indicate the true sources of income for each parent. This should be reflected in the Delaware divorce papers, so that the court has a complete picture of the financial capabilities of the parents. Financial support for the child continues until he or she reaches the age of 19
Rules for Spousal Support
If you decide to terminate your marriage, you have the opportunity to apply for maintenance payments, which you should mention in your divorce form documents. Alimony is a kind of financial support directed from one spouse to another spouse after a divorce. Alimony can be long-term, usually applied for marriages that lasted no less than 20 years and alimony with a certain payout period. For example, if the marriage lasted 10 years, then the duration of the payment will be exactly half of it, that is, 5 years.
Financial support is considered by the court primarily as one of the ways of rehabilitation, for example, as the amount needed to the spouse so that he or she can return to the usual rhythm of life or so that he or she can acquire the necessary skills or education to obtain a stable income.
With a divorce in the state of Delaware, one of the most important issues to be resolved by the court is the division of common property. The common property means everything that was acquired by the couple during the marriage, including debt obligations. According to the laws of Delaware, the state operates based on the rule of the equitable division, which implies that all the property of the spouses must be divided fairly. Well, if you and your spouse have already agreed on how you will share your property and have documented it with your divorce form documents, then it will greatly speed up your process of divorce. However, if the common property is in dispute, then the court will determine how it will be divided after analyzing a number of factors, which include:
1) duration of marriage and age of each spouse;
2) the value of all total assets and debts;
3) the value of the total movable and immovable property;
4) professional skills and employment opportunities for each spouse;
5) the presence of previous marriages;
6) contributions made by each spouse for the acquisition of a property;
7) the contribution that each spouse made in maintaining a home;
8) any other factors that the court considers material.
Please note that if any property in the marriage passed to the spouse by giving or inheriting, then it is considered separate and the court will not consider it, since the individual property is not subject to separation. Also, to the separate property can be attributed all that was acquired before marriage. However, in some cases property can be mixed. For example, a bank account that was opened by one of the spouses before the marriage, but during the marriage the second spouse made contributions to it. Such a bank account will be considered a mixed property and the court will have to decide how to divide it fairly.
Divorce without a lawyer in Delaware
If you apply for a divorce in Delaware, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Delaware can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
If you are getting a divorce in Delaware and in your case minor children appear, then you and your spouse will have to visit mediators, as well as provide them with all information regarding your children, as well as your financial declarations.
Divorce Forms in Delaware
The most common divorce form documents are "Petition for Divorce", the "Information Sheet" and the "Request for Notice". Depending on the circumstances of the divorce and the county in which the claim is filed divorce forms may vary, so there are many different Delaware divorce papers. However, not all of them need to be filled. Before you start the process of filling out forms, you need to decide what exactly you need to fill in. Thus, if you do not have a legal background, it may be difficult for you to decide on the Delaware divorce papers that you need to sue. Please note that if you file inconsistently filled forms or those that do not match your divorce type, then the court will not accept them, which will lead to a delay in the process of divorce. In this case, before starting the filling it would be nice to contact a lawyer or a divorce specialist. However, this can be an expensive procedure. Therefore, many couples found the service of Online Divorce very convenient to use. Now you do not need to spend a lot of time and effort on preparation of your forms. You can initiate Online Divorce in Delaware with our help. You just need to answer a few simple questions about your marriage, and our services will do the rest for you. Online Divorce will pick up all the necessary papers that match the circumstances of your case and fill them in accordance with the laws of Delaware, after which you will only have to sue. Online Divorce gives a 100% guarantee that the papers completed with us will be approved by the court. Divorce online in Delaware becomes quick and easy with the help of onlinedivorce.com
Uncontested Divorce in Delaware
In Delaware as well as in many states there is a simplified form of divorce or as it is also called: uncontested divorce in Delaware. This type of divorce is much cheaper and faster, because it assumes that the spouses have come to a common decision on all issues that are related to divorce. When registering an uncontested divorce in Delaware State, you and your spouse must agree on all disputable issues, including custody, alimony, property division, the amount of financial support for underage children, and so on. If you can not come to an agreement on even one issue, then your divorce will be considered as contested and you will have to go through a series of trials so that the court can make a decision regarding the controversies.
To obtain an uncontested divorce in Delaware you must meet the following criteria:
1) you and your spouse are residents of the state of Delaware;
2) you know the current address of your spouse or where he or she resides;
3) you agree on all the contentious issues of your divorce and formalized your agreement documentarily.
To get an uncontested divorce in Delaware you have to file divorce form documents which fit your circumstances.
If you feel that you can not fill everything yourself, then you can use the help of Online Divorce. We will prepare all necessary divorce form documents as soon as possible. Remember that if you make a mistake in your forms, the court will reject them. Online Divorce gives 100% guarantee that the Delaware divorce papers that are filled through our service will be approved by the court.
How to Serve Divorce Papers in Delaware
With a divorce in Delaware, state law obliges the plaintiff to serve his or her spouse, in other words, the plaintiff simply must provide his or her spouse with copies of the Delaware divorce papers, which he or she has already registered with the court. Unlike most states, the process of serving in the state of Delaware is very simplistic. Thus, after filing a lawsuit in court, the plaintiff is obliged to give the court a written request (where it is also necessary to indicate the address of residence and your spouse's phone number) so that the court notifies the spouse about the beginning of the divorce process.While your spouse lives in the state, the court can transfer the divorce form documents to him or her personally.
If the spouse is outside the state, then this should also be reported to the court so that he can communicate with your spouse by reliable mail.
If you do not know the location of your spouse, then the court will publish the news about the beginning of your divorce proceedings in the newspaper, which will be sufficient evidence that the spouse is notified. For this you will incur an additional fee.
Total fees will contain sum of Delaware court filing fees and cost of using the service of online divorce in Delaware. This cost may vary by county. Please check with your local court officer to determine the exact amount.