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Divorce

Delaware Divorce Attorneys

Sound Legal Advice and Strong Legal Advocacy

The decision to end a marriage is one of life's most difficult decisions. Whether or not you ultimately pursue a divorce, we can help you understand the process and the important legal and personal considerations. Knowledge is empowering, helping you think more clearly about how to address the issues in your marriage.

Rahaim & Saints is an established law firm committed to equitable, legally sound solutions in the dissolution of marriage. We encourage settlement, enabling clients to control the outcome while protecting their own interests. An out-of-court resolution to divorce avoids much of the animosity, expense and uncertainty of a trial. Of course, there are times when litigation is appropriate, and we are tenacious advocates for you in the courtroom.

With offices in Wilmington and Newark, our firm represents men or women of New Castle County and throughout Delaware. Arrange a consultation today. We can capably advise and represent you in every legal aspect of divorce:

Stages of the Divorce Process in Delaware

As a no-fault state, there is no advantage to suing for divorce on the basis of adultery or abandonment. In Delaware, you need only show "incompatibility" as grounds for divorce — and residency of six months prior to filing.

Filing the divorce petition is the first step, triggering many court deadlines for moving your case forward. Your spouse will have 20 days from the date that he or she was served with the petition to respond to the pleading. Unless you are filing for a divorce on the grounds of misconduct, you must be separated six months before the Family Court will enter a decree of divorce. (You can file the petition at any time during that six-month period). There is no formal paperwork filed in Delaware to declare a “legal separation” — the parties are considered separated as of the last date they shared a marital bedroom.

You have the option in Delaware to attend a hearing on your petition or to have the court enter an (uncontested) decree based upon the “papers."

  • Within 30 days of the date of divorce the petitioner (person filing for divorce) must present their half of a Joint Rule 16C Financial Report to the opposing party. The spouse has 60 days to present a final version of the other half of the 16C.
  • Typically, the court will then contact the parties and/or counsel to schedule a pre-trial conference and property division hearing. Approximately one week before the pre-trial conference, a second joint filing is due to the court, the 52D Pre-Trial Stipulation. The property division hearing will occur about a month after the pre-trial conference.

While this is the general procedure, the process can vary according to the hearing officer assigned to your case. The entire process can take over a year from the date the petition for divorce is filed.

Discovery: After 16C financial reports are filed, in a process called “discovery,” you and your spouse will have a fixed period of time to respond to formal requests for information. These demands can come in several forms, the most common being a “Request For Production of Documents.” Depositions may also occur during this discovery period. Depositions consist of a series of questions answered under oath. The attorney representing your spouse asks you the questions; your attorney questions your spouse. If there are contested issues of custody and parenting time, or if valuations are required for real estate or a business, those evaluations occur during this time period with the assistance of experts.

The process will depend on your unique circumstances. For example, a case involving a long-term marriage and an extensive asset base generally will be a more involved matter than a short-term marriage with relatively minor assets. However, it is also important to keep in mind that with the assistance of counsel and cooperation from the parties, even complicated matters can be solved expeditiously.

The Delaware divorce attorneys of Rahaim & Saints work to ensure your divorce agreement is legally sound and not subject to future disputes. Contact our Wilmington office (302-892-9200) and Newark office (302-832-1800) to arrange a confidential, no-pressure consultation.