How to Prepare for Divorce in Delaware
Preparing for divorce in Delaware can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in Delaware
Fault Type
No-fault only
Waiting Period
6 months separation
Property Division
Equitable distribution
Residency Requirement
6 months in DE
- Delaware is a no-fault divorce state.
- Couples must be separated for at least 6 months before filing.
- Delaware eliminated fault-based grounds in 2008.
How to Prepare for Divorce in Delaware
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (6 months in DE)
- Decide whether an attorney or mediator best fits your situation
- Research Delaware's no-fault only divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
Delaware divides marital property equitably. Courts consider factors like length of marriage and economic circumstances.
👨👩👧👦 If You Have Children
- Learn Delaware custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
Delaware courts prioritize the child's best interest and encourage joint custody when appropriate.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
Delaware Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during Delaware's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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