What Do I Need to Know About Filing Divorce in Delaware with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Delaware Grounds for Divorce.
Because Help Yourself Divorce is a no-fault divorce, we will prepare your divorce papers based on the no-fault grounds that your marriage is “irretrievably broken”. This means you and your spouse agree to file a “no-fault” divorce.
You may file for divorce any time after you and your spouse have been separated, as long as you meet the residency requirements (see below). However, your divorce can’t be finalized until after you and your sposue have been separated for at least 6 months.
Delaware Residency Requirements.
Prior to filing for divorce, you must have actually resided in Delaware, or have been stationed in Delaware as a member of the armed services of the United States, continuously for at least 6 months.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Delaware for at least six months and currently live in Delaware, or have lived in Delaware within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.
Filing for Divorce in Delaware.
Generally you will file your divorce papers in the county where either spouse resides.
Delaware Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After you file the papers with the Court, you will need to serve your spouse with a copy of the divorce papers. There are two ways this can be done.
(1) You can formally serve a copy of the Summons and Petition using a process server.
(2) Your spouse can come to the courthouse to sign an affidavit indicating he or she has received a copy of the divorce papers.
Waiting Period.
There is no specific waiting period after filing the papers before your divorce may be finalized. How long it takes the Court to finalize your divorce simply depends on their schedule.
Delaware Final Uncontested Divorce Hearing.
You have the choice whether or not to request a hearing. If you choose not to attend a hearing, a judge will review your paperwork, and if he or she does not have any questions for you, will grant your divorce without a hearing. The decree will then either be mailed to you or be prepared for you to go pick up at the courthouse. However, if you choose to attend a hearing, it will be brief and typically only one spouse needs to attend.
Additional Information.
In any divorce case where the parties have children under 18, they must attend a “Parenting Education Course.” Parties don’t have to attend the same course. The course will be 4 hours long, and will consist of at least the following topics:
- Information on the developmental stages of children;
- Adjustment of children to parental separation;
- Dispute resolution and conflict management;
- Guidelines for visitation;
- Stress reduction in children; and
- Cooperative parenting.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.