Providing Comprehensive, Hands-On Legal Help When You Need It

Important steps when divorcing in Delaware

The divorce process can be hard for many Delaware residents. Not only is there the emotional turmoil that goes into separating from your partner, but the uncertainty about what happens during and after the divorce can be a barrier for many.

Divorces usually follow a very similar process that only changes slightly depending on the couple seeking divorce. While it’s normal to be afraid, familiarizing yourself with these steps can make the process of seeking a divorce easier.

What happens immediately before the divorce?

What happens before the divorce depends largely on the state you live in. Some states will require that you legally separate before the divorce is filed or finalized, while other states will just let you file for divorce right away.

It’s important to start thinking about your life after the divorce. During this time, you’ll want to familiarize yourself with your joint and independent finances.

Filing for divorce

A petition for divorce will be filed with your local court. Most courts will ask for a reason for the divorce, but you can be as vague or as specific as you want with this part.

After the divorce papers have been served by the court/law enforcement, your spouse will have 21 days to respond to the petition for the divorce. This is also the part of the divorce process where individuals would ask the court for restraining orders, protective orders, or temporary child support if it’s needed.

The actual divorce process

After the court has reviewed and approved the divorce paperwork, the actual court process begins. Generally, both attorneys will do some digging, present their cases, and then the spouses will negotiate for what they want from the divorce.

Taking the time to figure out what you want from the divorce and what you want your life to look like after the divorce is a crucial step. It’s important not to rush this process.