Delaware

Marriage & Family Law Home

In the state of Delaware, alimony is based on a spouse’s duty to support the other after divorce when dependency has been established. ....... Click here to get more info on Alimony

In a proceeding for divorce/annulment, the Court can, on request of either party, equitably divide, distribute and assign the marital property between parties without regard to marital misconduct, in such proportions as the Court deems just after considering all relevant factors including:

• The length of the marriage



• Any prior marriage of the party



• The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties



• Whether the property award is in lieu of or in addition to alimony



• The opportunity of each for future acquisitions of capital assets and income



• The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife



• The value of the property set apart to each party



• The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live



• Whether the property was acquired by gift, except those gifts excluded by paragraph of this section



• The debts of the parties



• Tax consequences

For purposes of this chapter only, "marital property" means all of the following: All property acquired by either party subsequent to the marriage (with exceptions). ....... Click here to get more info on Child Support

Upon the filing of a petition for custody or visitation, a preliminary injunction shall be issued against both parties to the action, enjoining them from removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court. ....... Click here to get more info on Custody

The state of Delaware is a state that requires proof that the marriage is irretrievable and reconciliation is improbable. ....... Click here to get more info on Divorce

In Delaware, biological parent of a minor child may request visitation rights as a stand-alone petition presented to the court or as part of an open divorce, parentage or custody case.

When reviewing a request for visitation, the court will base their decision on whether granting a parent visitation would be in the "best interests of the child." What constitutes the "best interests of the child" can depend on a number of factors which include: the wishes of the child's parent or parents; the wishes of the child; the child's adjustment to his or her home, school and community; and the mental and physical health of all individua ....... Click here to get more info on Visitation

Under Delaware law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.

A court will make an equitable division of marital property based on the following factors:

the length of the marriage

whether a party had been previously married

age and health of a spouse, amount and sources of income, vocational skills, employability, liabilities an ....... Click here to get more info on Property Division