Title 13 — Domestic Relations
21 chapters · 106 sections in this title.
13 Del. C. § 1501. Short title.
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§ 1501. Short title. This chapter shall be known and may be cited as the “Delaware Divorce and Annulment Act.”59 Del. Laws, c. 350, § 1;
13 Del. C. § 1502. Purpose; construction.
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§ 1502. Purpose; construction. This chapter shall be liberally construed and applied to promote its underlying purposes, which are: (1) To promote the amicable settlement of disputes that have arisen between parties to a marriage; (2) To mitigate the potential harm to spouses and…
13 Del. C. § 1503. Definitions.
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§ 1503. Definitions. For purposes of this chapter: (1) “Actually resided” means was domiciled. (2) “Commencement of the action” means the time of filing the petition. (3) “Companion animal” means an animal kept primarily for companionship instead of as any of the following: a. A …
13 Del. C. § 1504. Jurisdiction; residence; procedure.
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§ 1504. Jurisdiction; residence; procedure. (a) The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in t…
13 Del. C. § 1505. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation.
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§ 1505. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation. (a) The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable. (b) A marriage is ir…
13 Del. C. § 1506. Annulment.
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§ 1506. Annulment. (a) The Court shall enter a decree of annulment of a marriage entered into under any of the following circumstances: (1) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity…
13 Del. C. § 1507. Petition for divorce or annulment.
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§ 1507. Petition for divorce or annulment. (a) A petition for divorce or annulment of marriage shall be captioned: IN THE FAMILY COURT OF THE STATE OF DELAWARE ________________ IN AND FOR ________________ COUNTY In re the Marriage of ______________________________________________…
13 Del. C. § 1508. Obtaining jurisdiction over respondent.
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§ 1508. Obtaining jurisdiction over respondent. (a) After the filing of the petition, jurisdiction may be acquired over respondent in any of the following ways: (1) By issuance of summons by the Clerk of the Family Court, and service thereof by the sheriff upon respondent, by del…
13 Del. C. § 1509. Preliminary injunction; interim orders pending final hearing.
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§ 1509. Preliminary injunction; interim orders pending final hearing. (a) Upon the filing of a petition for divorce or annulment, a preliminary injunction shall be issued against both parties to the action, enjoining them from: (1) Transferring, encumbering, concealing or in any …
13 Del. C. § 1510. Enforcement of interim orders.
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§ 1510. Enforcement of interim orders. Whenever there is exhibited to any duly authorized sheriff, constable or police officer a certified copy of an order issued by the Court in an action for divorce, or annulment, enjoining any person from threatening, beating, striking, assaul…
13 Del. C. § 1511. Response; counterclaim; prayers; reply to counterclaim.
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§ 1511. Response; counterclaim; prayers; reply to counterclaim. (a) Respondent may file a verified response, move or otherwise plead in answer to the petition, and may counterclaim for divorce or annulment against petitioner, within 20 days after personal service, receipt of serv…
13 Del. C. § 1512. Alimony in divorce and annulment actions; award; limitations.
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§ 1512. Alimony in divorce and annulment actions; award; limitations. (a) The Court may award interim alimony to a dependent party during the pendency of an action for divorce or annulment. (b) A party may be awarded alimony only if such party is a dependent party after considera…
13 Del. C. § 1513. Disposition of marital property; imposition of lien; insurance policies.
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§ 1513. Disposition of marital property; imposition of lien; insurance policies. (a) In a proceeding for divorce or annulment, the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital…
13 Del. C. § 1514. Resumption of maiden or former name.
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§ 1514. Resumption of maiden or former name. The Court, upon the request of a party by pleading or motion, may order that such party resume a maiden or former name.24 Del. Laws, c. 221, § 25; Code 1915, § 3028; Code 1935, § 3521; 13 Del. C. 1953, § 1536; 58 Del. Laws, c. 349, § 1…
13 Del. C. § 1515. Attorneys’ fees.
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§ 1515. Attorneys’ fees. The Court from time to time after considering the financial resources of both parties may order a party to pay all or part of the cost to the other party of maintaining or defending any proceeding under this title and for attorneys’ fees, including sums f…
13 Del. C. § 1516. Hearings; use of masters; impoundment; assignment of counsel.
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§ 1516. Hearings; use of masters; impoundment; assignment of counsel. (a) All hearings and trials shall be private, but for reasons appearing sufficient to the Court any hearing or trial may be opened to any person who has a direct and legitimate interest in the particular case, …
13 Del. C. § 1517. Contested and noncontested petitions; opportunity for counseling; review of record; disposition of prayers for relief.
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§ 1517. Contested and noncontested petitions; opportunity for counseling; review of record; disposition of prayers for relief. (a) Whenever the petition for divorce or annulment is not contested by respondent, the allegations thereof are presumed to be accurate and true, and the …
13 Del. C. § 1518. Decree in divorce or annulment proceedings; costs; notice of entry; effect on mentally incompetent spouse; effect on subsequent petitions; temporary alimony.
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§ 1518. Decree in divorce or annulment proceedings; costs; notice of entry; effect on mentally incompetent spouse; effect on subsequent petitions; temporary alimony. (a) A decree granting or denying a petition for divorce or annulment is final when entered, subject to the right o…
13 Del. C. § 1519. Modification or termination of decree or order; termination of alimony; enforcement of alimony order.
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§ 1519. Modification or termination of decree or order; termination of alimony; enforcement of alimony order. (a) A decree or separate order entered under § 1518 of this title may be modified or terminated only as follows: (1) Support for a child, only as provided in Chapter 5 of…
13 Del. C. § 1520. Independence of provisions of decree or temporary order.
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§ 1520. Independence of provisions of decree or temporary order. If a party fails to comply with a provision of a decree or temporary order, the obligation of the other party to make alimony payments is not suspended; but such other party may move the Court to grant an appropriat…
13 Del. C. § 1521. Decrees of courts of other states and countries.
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§ 1521. Decrees of courts of other states and countries. Full faith and credit shall be given in all the courts of this State to a decree of divorce or annulment of marriage by a court of competent jurisdiction in another state, territory or possession of the United States. Nothi…
13 Del. C. § 1522. Procedural rights.
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§ 1522. Procedural rights. (a) All parties to any of the proceedings brought pursuant to this chapter shall possess all the procedural rights which those parties would have heretofore possessed in any of the proceedings brought pursuant to this chapter in the Superior Court of th…
13 Del. C. § 1523. Time for appeal.
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§ 1523. Time for appeal. No appeal from an interim or final decree, judgment or order entered pursuant to this chapter shall be received or entertained unless the praecipe, notice of appeal or other document or documents required for the appeal is or are duly filed with the prope…