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Mediation is a procedure used in divorce, custody and child support cases whereby the two parties involved (and their attorneys, if desired) meet in the office of a mediator, and the mediator works with both parties in an attempt to arrive at an agreement, outside of formal court proceedings. The mediator will not impose an […]
Read MoreIn order to file for divorce in Delaware, either the filer or their spouse must be a Delaware resident for at least 6 months prior to filing. If the divorce will be no-fault with a basis of incompatibility or voluntary separation, that must be in existence for at least 6 months.
Read MoreDelaware is a “no-fault” divorce state, meaning that neither party involved must place blame on the other. The grounds for divorce are incompatibility and a voluntary separation. Divorces based on fault can still take place, but the problem is that grounds for fault – such as intoxication, physical abuse, mental abuse, insanity, or drug abuse […]
Read MoreIn Delaware, the timing of a divorce is as follows: First there must be a separation of at least 6 months. After that, because most divorce proceedings are uncontested – no fault – the divorce can occur within 2-3 weeks, once jurisdictional requirements are met. Following that, other issues, called “ancillary matters” – like property […]
Read MoreWhen parents no longer live together, either party can file for custody of the child – either joint custody or sole custody. The issue of residential placement also needs to be determined. Based on the best interests of the child, the court determines where the child should reside. This could result in shared residential placement, […]
Read MoreAfter a divorce is filed, it’s important to understand what proceedings will follow. First, the other party should answer the filing. If not, a default will be granted after the jurisdictional period of six months or more in the case of a no-fault. Next, the court examines ancillary matters such as property division or alimony. […]
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