Residency
In order to file for divorce, the court must have jurisdiction over the case. In the state of Delaware, a residency requirement must be met. If the requirement is not met, the court will not accept the case.
The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. (Delaware Code: Title 13, Chapter 15, Section 1504)
Grounds for Filing
In the state of Delaware the grounds which are those that are agreed upon and substantiated by both parties or those presented by the filing spouse to the court must be declared in The Petition for Divorce.
(a) The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable. (b) A marriage is irretrievably broken where it is characterized by: (1) Voluntary separation; or (2) Separation caused by respondent's misconduct; or (3) Separation caused by respondent's mental illness; or (4) Separation caused by incompatibility (Delaware Code: Title 13, Chapter 15, Section 1505)
(e) Bona fide efforts to achieve reconciliation prior to divorce, even those that include, temporarily, sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce. (Delaware Code: Title 13, Chapter 15, Section 1505)
Terms:
- Filing Spouse: The Plaintiff or Petitioner is the marital party that files for The Petition for Divorce.
- Non-Filing Spouse: The Defendant or Respondent is the marital party that receives The Petition for Divorce.
- Court Name: In the state of Delaware, this is the Family Court of the county where The Petition for Divorce is filed. The court will have jurisdiction over the case.
