Copyright © Gary R. Spritz, Esquire, Wilmington family law attorney .All rights reserved.
1. Do I have to file to be legally separated?
2. Is there a separate legal separation procedure in Delaware Family Court?
Answer: Not titled as such. However, Delaware does allow persons to obtain a Protection from Abuse order which may order that certain folks, married, or cohabitants, or parents with a child live separated and stay away from the harmed individual?
3. Do I have to live in Delaware to file for Divorce?
Answer: No either you or your spouse has to be a resident of Delaware for 6 months prior to filing a divorce petition.
4. In Delaware Child Support and Child Custody and Divorce decided at the same time?
Answer: No. In Delaware there are separate Child support proceedings, separate child custody proceedings, and divorce proceedings. For final orders these are all intiated by separate petitions.
5. Does the amount of Child Support I pay get reduced when I have more time with the children.
Answer: When a parent has a child with them over 79 overnights, there is a reduction in child support. The amount depends on the number of overnights.
6 What is Abuse?
Answer: Abuse is a term defined by 10 Del. C. Sec. 1041 as:
Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defined in § 761 of Title 11 by
a. intentionally or recklessly placing or attempting to place person who is covered by the statute spouse of co parent in reasonable apprehension of physical injury or sexual offense to such person or another; or
b.Intentionally or recklessly damaging, destroying or taking the tangible property of another person; or
c.Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response; or d.Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court order; or
e.Child abuse, as defined in Chapter 9 of Title 16; or
f.Unlawful imprisonment, kidnapping, interference with custody and coercion, as defined in Title 11; or
g.Any other conduct which a reasonable person under the circumstances would find threatening or harmful.
More Questions, call and schedule an appointment at (302) 655-0900.