Statutory Reference to Delaware Code Annotated:            

Divorce: § 13-1503, § 13-1504

Alimony § 13-1512

Property Distribution: § 13-1513(a)

Custody: §§ 13-722

Visitation: §§ 13-727, 13-728

Child Support: Civil Rule 52 "Melson Formula"

http://www.state.de.us/research/dor/code.htm

 

Residence:

Either may must live in the state for six months prior to the commencement of the action.

 

Grounds:           

(1)  Irretrievable breakdown of the marriage, such breakdown evidenced by (a) voluntary separation, (b) separation caused by spousal misconduct, (c) separation caused by mental illness, or (d) separation caused by incompatibility.

(2) Misconduct evidenced by conduct so destructive of the marriage that the petitioner cannot be reasonably expected to continue in the relationship, including but not limited to adultery, bigamy, conviction of a crime punishable by one year, spousal or child abuse, desertion, homosexuality, lesbianism, willful refuse to perform marriage obligations, venereal disease, habitual use of drugs or alcohol.

 

Distribution of Property:

Equitable distribution of property based on dual classification of property.  "Marital property" is defined as all property acquired by either spouse during the marriage, except (1) property acquired by bequest, devise, descent, or gift (except gift between spouses), (2) property acquired in exchange for property acquired before the marriage, (3) property excluded by agreement, (4) the increase in value of property acquired before the marriage. 

 

When dividing marital property, the court shall consider the length of the marriage, any prior marriage of the party, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of the parties, whether property is awarded in lieu of alimony, the opportunity for each party to acquire property and income, the contribution or dissipation of each party of marital property, the value of each party's separate property, the economic circumstances of each party at the time the distribution is to be effective, including the desirability of one party living in the family home, whether the property was acquired by gift, debts of the parties, and tax consequences.

 

Alimony/Spousal Support:

A dependent party may be awarded alimony, without regard to marital misconduct, for a period not to exceed ½ of the term of the marriage, unless the marriage is 20 years or more, after consideration of the relevant factors: the financial resources of the parties, the time and expense necessary to acquire sufficient education or training to enable the party to obtain suitable employment, the standard of living established during the marriage, the duration of the marriage, the age, physical, and emotional condition of the parties, the financial contributions of each party to the education and training of the other party, the ability of the obligor to meet needs while paying alimony, tax consequences, whether either party has foregone economic opportunities in favor of the other party.

 

The alimony recipient has a continuing obligation to make good faith efforts to seek appropriate vocational training and employment unless the court finds it would be inappropriate because of age, health, or custodial duties.

 

Child Custody/Visitation:

The court may order joint or sole custody, as it determines to be in the best interests of the child.  The court shall consider the wishes of the parents, the wishes of the child, the interaction and relationship of the child with parents, siblings, and other family members, the child's adjustment to home and community, the mental and physical health of all individuals, the parties' compliance with statutory rights and responsibilities to the child. 

 

Child Support:

Child support determined according the Melson Formula, developed by Judge Melson of the Delaware Family Court.  The Melson Formula is a more complicated version of the Income Shares Model, taking into consideration the net income of both parents, the time each parent has custody of the child, and the parents' obligations to themselves and to other dependents.

 

The obligation of support ends at age 18, or through 19 if the child is enrolled in high school.