What are the Residency and Filing Requirements for Divorce in Delaware?

The Family Court of Delaware has jurisdiction over a divorce if either party is a resident of Delaware at the time the divorce is filed or if either party is a member of the armed services who is stationed in Delaware for at least 6 continuous months prior to the commencement of the action. (Delaware Statutes Title 13, Chapter 15, Section 1504) The petition should be filed with the Clerk of the Court in the county where either the petitioner or the respondent resides.   The petition may filed at any time but a divorce will not be granted until the parties have been separated for 6 months. (Delaware Statutes Title 13, Chapter 15, Section 1507)

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

Additional Family Law Articles

Search LawInfo's Family Law Resources