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Delaware

Delaware

Delaware

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; nonsupport;insanity; bigamy; conviction of crime; homosexuality; venerealdisease; refusing to perform marital obligations;incompatibility.

Residency: Action brought whereeither party is a resident for 6 months or longer.

Waiting Period: Decree final whenentered subject to right of appeal.

No Fault: Irretrievable breakdown;separation.

Defenses: Defenses of condonation;connivance, recrimination, insanity and lapse of time arepreserved only for a marriage that is separated and theseparation caused by misconduct.

Code Section: Uniform Act partiallyadopted Tit. 13 1503, et seq.

CHILD CUSTODY
Uniform Child Custody Act:1976
Joint Custody:Yes, Tit. 13 727, 728
Grandparent Visitation:Yes, Tit. 13 727
Child's Wishes Considered:Yes
Code Section: Tit. 13 721, et seq.

MARITAL PROPERTY
Community Property: No

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Innocent party may demandfor unsoundness of mind, influence of alcohol, drugs, etc.;physical incapacity to consummate; underage without consent ofparents; fraud; duress; jest; dare; bigamy; polygamy; incestuous.

Time Limitation: Lack of capacity,fraud, duress, jest, or dare: Within 90 days of obtainingknowledge; Inability to consummate: 1 year after knowledgeobtained; Underage: Within 1 year of marriage; Prohibited:Anytime before death of either party.

Legitimacy of Children: Childrenborn of annulled marriage are legitimate.

Prohibited Marriages: Between personand ancestor, descendant, brother, sister, uncle, aunt, niece,nephew, first cousin.

Code Section: Tit. 13 1506

RESOURCES

Delaware Division of Child SupportEnforcement
Department of Health and Social Services
Biggs Bldg., DHHS Capus
PO Box 904
New Castle, DE 19720
Phone: (302)577-4807
Fax: (302)577-4807

Delaware Division of Public Health
Office of Vital Statistics
PO Box 637
Dover, DE 19903
Phone: (302)739-4721
Responds to public inquiries for certified copies of birthrecords dating from 1920, and death and marriage records datingfrom 1930. Charges $5; duplicate copies ordered at the same time,$3. If the record is not found the $5 fee will be retained as thesearch fee. For earlier dates contact State Archives, Hall ofRecords, Dover, Delaware 19901, (302)739-5318. Charges $5 forrecord search (5 years). For all inquiries, enclose a stamped,self-addressed envelope.

Delaware Insurance Department
841 Silver Lake Blvd.
Dover, DE 19901
Phone: (302)739-4251
Free: 800-282-8611
Donna Lee, Commnr.

Delaware State Banking Commissioner'sOffice
555 E. Loockerman St., Ste. 210
Dover, DE 19901
Phone: (302)739-4235
Keith H. Ellis, Commnr.

Delaware State Bar Association
1225 King St.
Wilmington, DE 19801
Phone: (302)658-5279
Fax: (302)658-5212

Office of Child Support EnforcementRegional Representative (Delaware)
3535 Market St., Rm. 5220
PO Box 8436
Philadelphia, PA 19101
Phone: (215)596-1320

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