Delaware Divorce Checklist

2 Adultery is a crime in Delaware by virtue of 11 Del. Code § 311, which provides as follows: "Adultery is the sexual intercourse of two persons either of whom is married to a third person. "Whoever commits adultery shall be fined not more than $500 or imprisoned not more than 1 year, or both."

How long does a divorce take in Delaware? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final.

Is Delaware a community property state? Delaware is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.Factors such as one spouse's economic misconduct may also be considered.

In the context of proving irretrievable breakdown in Delaware, a separation means that you and your spouse have lived separately and apart for a minimum of six months before filing for divorce.

Alimony is gender-neutral, and in Delaware, either spouse can request support during a divorce. However, to qualify for alimony, a requesting spouse must first prove:a lack of property, including marital, to meet reasonable needs during and after the divorce.

Here is one way a person can avoid paying alimony by way of a prenuptial agreement. This contract between spouses deals with financial issues in the marriage, and you both sign it before you get married. These agreements place limitations on alimony, or in some cases, may even waive rights to it.

Advantages of Uncontested Divorce The most apparent advantage of uncontested divorce, of course, is its cost. With the exception of the pro se divorce, an uncontested divorce that stays uncontested divorce is almost always the least expensive way of getting divorced.

Delaware is a no-fault state, and a divorce will be granted if it is irretrievably broken and reconciliation is improbable. Adultery may the reason you choose to end your marriage, but the court will not consider evidence that your spouse was cheating for purposes of deciding whether to grant the divorce.

Delaware awards alimony on both a temporary and permanent basisincluding while a divorce is pending (sometimes called interim alimony). However, permanent alimony is only permitted when a couple was married for at least 20 years. For shorter marriages, alimony is limited to half the length of the marriage.