There is a six-month statutory separation requirement prior to the court ordering the parties divorced. This is because the court wants to encourage reconciliation whenever possible.
To file for a divorce in Delaware, you must be a resident of our state for at least six months and be separated from your respective spouse. This means that you cannot continue to share a bedroom with them or be intimate with one another. If you become intimate at some point during your alleged separation period, the other party may argue your date of separation following that intimate encounter when the court hears your petition for divorce.
The petition for divorce may be filed in the county in which either spouse resides (New Castle, Kent or Sussex). You can obtain a copy of the petition for divorce by going to the Family Courthouse in your county and paying $5.00 for the petition and an instruction packet, or by visiting the Family Court website and printing them out.
Article provided by Tabatha Castro, The Castro Firm
The Castro Firm, Inc.
1719 Delaware Avenue
Wilmington, DE 19806
Phone (302) 225.5700
Fax (302) 225.5702