How to File for Divorce in the Military in Delaware?


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It’s natural to have second thoughts about something, but when it happens to a marriage, it can lead to a divorce.

Generally, there are two types of divorce: contested and uncontested. The best option to make a dissolution of marriage easy and fast is to choose an uncontested divorce. In such a case, you will have to agree with your spouse on all issues, such as marital support, child custody, alimony, and property division.

This article will help you go through a divorce process in Delaware, especially if one of the spouses is in the military.

Requirements for Uncontested Divorce in Delaware

According to Delaware Family Law, you can get a dissolution of marriage by either stating that your marriage is irretrievably broken or using one of four existing separation scenarios:

  • Voluntary separation (both spouses decided to live separately)
  • Separation caused by one’s misconduct (mental or physical abuse, adultery, habitual use of illegal drugs)
  • Separation caused by a mental illness of one of the spouses
  • Separation without anyone’s particular fault, caused by the incompatibility of the couple

The requirements for getting an uncontested divorce in Delaware are as follows:

– Separate residence for at least 6 months prior to filing for divorce;*

– Either you or your spouse must be a resident of Delaware or be stationed in Delaware as a member of the military for at least 6 months before filing for divorce;

– An amicable settlement of all existing issues before applying for a divorce.

*if there was misconduct, the court may waive the 6-month separation requirement

You can simplify your divorce process by choosing an online divorce option. Today divorce over the internet allows you to save your time and money while dealing with your divorce papers online from the comfort of your own home.

Forms Preparation and Filing in Delaware

When preparing forms in Delaware, you need to include the Petition for Divorce, which will provide the court with all the necessary information on your case. The following forms should also be attached:

  • information sheet
  • vital statistics certificate of divorce
  • original or certified copy of your marriage certificate
  • request for notice (this tells the court how you want your spouse to receive a copy of the divorce petition), and
  • affidavit of children’s rights (if you have children under the age of eighteen).

As for the other forms, they depend on your particular case. All documents are available through legal resources for Delaware. However, if you don’t have any legal training and are unwilling to spend a fortune on expensive legal services and lawyers, your go-to option will be handling the documents online. Online paperwork preparation is affordable and relatively fast.

Once the forms are ready, they must be filed with the court. Don’t forget about the filing fees!

Serving the Forms in Delaware

There are several options to serve your spouse in Delaware. You can either use the service of the clerk and the county sheriff or, if your spouse is ready for cooperation, they may complete an “Affidavit of Appearance.”

If you are dealing with an active military spouse, they must be served with all the necessary documents personally so that the court will have jurisdiction over them. When the divorce is uncontested and an “Affidavit of Appearance” has been signed, you don’t have to serve your active military spouse.

Military Protection From Delaware Divorce Proceedings

If your spouse is an active duty military member, some laws protect them against being held in “default” from the inability to respond to a divorce action.

According to the law and Delaware court, the divorce proceedings may be put off until the active military spouse returns and, in some cases, an additional 60 days after their tour ends.

Finalizing a Divorce in Delaware

After all the paperwork is filed and accepted by the court, an uncontested divorce can proceed in one of two ways: the judge will hold a final court hearing or issue a decree of divorce without it.

Delaware has a waiting period of six months after you file for divorce before you can get a dissolution of marriage granted by the court.

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