Delaware courts decide divorce outcomes based on equitable distribution principles under 13 Del. C. § 1513, prioritizing the marriage’s irretrievable breakdown after six months’ separation, with child custody focused on the child’s best interests and alimony awarded based on need, duration, and marital fault if applicable.
Child Custody
Delaware Family Court determines custody by evaluating factors like parental fitness, child stability, and willingness to foster relationships with the other parent, favoring joint custody unless evidence shows harm. Courts order parenting plans addressing decision-making, visitation, and modifications only upon substantial change in circumstances. No presumption exists for either parent; third-party custody requires proving parental unfitness.
Alimony
Alimony under § 1512 considers marriage length, standard of living, age, health, earning capacity, and contributions, with awards limited to 50% of marital property absent exceptional circumstances. Fault like adultery or abuse can influence awards in contested cases, but no automatic entitlement exists; payments end upon remarriage, cohabitation, or death. Temporary alimony is available during proceedings.
Decision-Making Process
Residency requires six months in Delaware prior to filing, with uncontested divorces resolvable in 30-60 days post-separation period.
SOURCES
[1](https://law.justia.com/codes/delaware/title-13/chapter-15/)
[2](https://www.divorcenet.com/resources/filing-for-divorce/delaware.htm)
[3](https://www.womenslaw.org/laws/de/divorce/basic-info/what-are-grounds-file-divorce-delaware)
[4](https://hellodivorce.com/divorce-in-delaware/everything-to-know-about-divorce)
[5](https://www.womenslaw.org/laws/de/divorce)
