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An annulment proceeding begins when the petitioner (the person asking for the annulment) files and serves a petition for annulment. If the respondent (the person receiving the petition) agrees or fails to file an answer within 20 days, then the annulment will be uncontested and will take less time.
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.
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.
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.
It must be filed within 90 days after s/he becomes aware of the described condition (i.e., incapacity, fraud, threats, or joke or dare). To file under the grounds for annulment listed in number? 5, either spouse can file for an annulment no later than one year after s/he becomes aware of the lack of ability.
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.
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.