Delaware Joint Petition for Bifurcated Divorce

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Multi-State
Control #:
US-03179BG
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Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A petitioner must pay the filing fee to the court clerk when submitting their divorce paperwork. The amount is approximately $165, but it might vary from county to county. If petitioners file in person, they can cover the court fees with cash, money order, or credit card.

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.

Once you've prepared and filed your divorce papers, they have to be "served on" (delivered to) your spouse. The court clerk will prepare a summons, which notifies the other spouse about the divorce. The clerk then sends the summons and petition to the county sheriff for service. (Del.

Delaware divorce law requires the equitable sharing of all marital property. That means the court will examine a series of factors such as financial and domestic contributions, length of the marriage, and earning capacity, in determining how much marital property each party will retain.

Either spouse can file for a no-fault divorce in Delaware. Although some states still recognize fault-based divorce grounds such as fraud, abandonment, or adultery, Delaware is a no-fault divorce state, and does not recognize one spouse's infidelity as grounds for divorce.

Divorce on the Grounds of Adultery StatePost-Divorce Remarriage Waiting PeriodDelawareNoneDistrict of ColumbiaMarriage void if within 30-day appeal periodFloridaNoneGeorgiaNone47 more rows

Contrary to popular belief, Delaware is not a ?50/50 State? and the Court may divide the marital assets and debts in any equitable manner.

In Delaware, the timing of a divorce is as follows: First there must be a separation of at least 6 months. After that, because most divorce proceedings are uncontested ? no fault ? the divorce can occur within 2-3 weeks, once jurisdictional requirements are met.

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Delaware Joint Petition for Bifurcated Divorce