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The State of Delaware recognizes no-fault divorces. Delaware permits several grounds for filing a no-fault divorce such as incompatibility between the parties, misconduct by one of the spouses, a spouse's mental illness, or voluntary separation of the parties.
Form 548, Request for Continuance of Mediation, should be used for this purpose. The request must be provided to the opposing party or, if represented, the opposing attorney.
The Superior Court civil and criminal docket and all non-confidential documents are available for viewing for free through public access terminals located in the courthouses in each of the three counties in Delaware. There is a fee for copies of documents.
Usually, Delaware divorce records from 1935 to 1977 are available at the county prothonotary or public archives. Conversely, divorce records from 1978 to present are available at family courts in the county where the divorce occurred.
Delaware is what is called an ?equitable distribution? state. This means that marital property means all property acquired during the marriage (even if in just one spouse's name) and will not automatically be split 50/50 in a divorce. Instead, the Court will decide what kind of split is ?equitable? or fair.
How can I request Spousal Support? You will need to complete Form 330 ? Petition for Spousal Support and file it with the court. All court forms can be found on the Family Court website at , and in the Resource Centers at each Family Court location.
In Person. Please stop by the Records Department in the county in which your divorce or annulment was granted during regular business hours. You will need to provide the clerk with your name and date of birth. In addition, you will need to present valid photo identification.