Finding a Divorce Support Group for Women How to Start a Divorce in Delaware While you should always seek legal advice from a qualified lawyer, the Delaware courts offer an instruction booklet for representing yourself in your divorce, and an answer packet for answering a divorce summons. To start the divorce process in Delaware you. File a petition for divorce or annulment form, found on the forms page. Your spouse has 20 days to respond after being served. If your spouse doesn't respond, or doesn't contest the grounds for divorce, you may proceed without a hearing for the divorce decree. If your spouse does respond, you will proceed with hearing before the commissioner to decide on your divorce, and potentially another hearing before a judge to decide on matters like property division, alimony, or child custody and support.
delaware divorce laws property divisionIn Delaware, separation law is a part of the Delaware Divorce and Annulment Act, which provides an amicable settlement of disputes, awards appropriate spousal support and ultimately dissolves marriages. Delaware defines separation as living separately for six or more months before the filing for divorce. Delaware permits spouses to live under the same roof during a separation as long as they occupy separate bedrooms and do not have a sexual relationship. Voluntary separation is another term for mutual separation. If the person being served with this paperwork denies that the separation is voluntary, then consent must be verified.
If you can't meet this requirement, you may need to wait before asking the court for help. Continue reading to learn more. Delaware does not recognize legal separation as a process to terminate a relationship. However, in the states that do, the difference between divorce and legal separation is that divorce permanently terminates your marriage, while couples who pursue a legal separation remain legally married, but are free to live a life independent of each other.
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