What happens if the court sends a summons regarding Child Support?

People receiving a summons to pay child support should know that in Delaware, child support is based solely on income. Income is looked at based on what their employment should be, accounting for age, experience and job history – for both parties involved. A formula – the Melson formula – is used to calculate all […]

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What does it mean that Delaware has No-Fault Divorces?

Delaware 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 […]

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How long does it take to get Divorce in Delaware?

In 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 […]

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How is marital property divided in Delaware?

When contemplating or carrying out a filing for divorce, people want to know how Delaware deals with division of marital property. Delaware law is based on an “equitable division of property”, which may NOT be 50/50. Based on an examination of age, health, income, property, and expectation of future income, property is divided. It could […]

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How is child Custody decided in Delaware?

When 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, […]

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