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Commonly Asked Questions about Family Law in Delaware

In Delaware, parents can either have joint legal custody or one parent can have sole legal custody, which means the child primarily resides with that parent and has visitation with the other parent (13 Del. C. 727).
In determining the best interests of the child, the Court shall consider all relevant factors including: (1) The wishes of the childs parent or parents as to his or her custody and residential arrangements; (2) The wishes of the child as to his or her custodian or custodians and residential arrangements; (3) The
Delaware is an equitable distribution state. This means that the division is not 50-50, which splits everything down the middle, but rather a fair weighting of assets of debts. If one side gets the car, that side may also get the car payments.
In Delaware, you may file for divorce based on no-fault or fault grounds. When you file for a fault divorce, youll claim that your marriage is irretrievably broken because your spouse engaged in misconduct, which can include adultery. (13 Del. Code 1503(7),1505(b)(2) (2024).)
Under Delaware law, whether parents have joint legal custody or one parent has sole legal custody of a child, each parent has the right to receive, when requested from the other parent, all material information concerning the childs progress in school, medical treatment, school activities and conferences, religious
Qualifying for Alimony in Delaware dependency on the other spouse and that the paying spouse doesnt make court-ordered payments to anyone else. a lack of property, including marital, to meet reasonable needs during and after the divorce.
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 spouses 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.
Ordinarily there is a division of percentages. You might see the marital property divided 50/50, 60/40, 70/30, or 55/45, depending on all of the factors that the court is going to examine. Some more factors Courts will examine include: Age and health of couple.