Title 13, Domestic Relations

§ 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…

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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, …

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 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…

§ 1701. Adult. Any person of the age of 21 years, being a citizen of this or any other state of the United States, and who has lived for 2 successive years in this State, and, for the purpose of determining domicile in any county of the State, has lived for 1 year in such county,…

§ 1702. Married woman [Repealed]. Repealed by 63 Del. Laws, c. 439, § 1, effective July 23, 1982.

§§ 1703, 1704. Legitimate children; illegitimate children [Repealed]. Repealed by 74 Del. Laws, c. 136, § 1, effective Jan. 1, 2004.

§ 1901. Short title. This chapter may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.”73 Del. Laws, c. 426, § 1;

§ 1902. Definitions. As used in this chapter: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Child” means an individual who has not attained 18 years of age. (3) “Child custody determination” means a judgment, decree or other o…

§ 1903. Proceedings governed by other law. This chapter does not govern a termination of parental rights proceeding related to an adoption proceeding brought by a licensed Delaware agency or an adoption proceeding or a proceeding pertaining to the authorization of emergency medic…

§ 1904. Application to Indian tribes. (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. (b) A cour…

§ 1905. International application. (a) A court of this State shall treat a foreign country as if it were a state of the United States for the purpose of applying subchapters I and II of this chapter. (b) Except as otherwise provided in subsection (c) of this section, a child cust…

§ 1906. Effect of child custody determination. A child custody determination made by a court of this State that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this State or notified in accordance with § 1908 of this chapt…

§ 1907. Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.73 Del. Laws, c. 426, § 1;

§ 1908. Notice to persons outside State. (a) Notice required for the exercise of jurisdiction when a person is outside this State may be given in a manner prescribed by the law of this State for service of process or by the law of the state in which the service is made. Notice mu…

§ 1909. Appearance and limited immunity. (a) A party to a child custody proceeding, including a modification proceeding or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this State for ano…

§ 1910. Communication between courts. (a) A court of this State may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties do not participate in the comm…

§ 1911. Taking testimony in another state. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other m…

§ 1912. Cooperation between courts; preservation of records. (a) A court of this State may request the appropriate court of another state to: (1) Hold an evidentiary hearing; (2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order that an ev…

§ 1920. Initial child custody jurisdiction. (a) Except as otherwise provided in § 1923 of this title, a court of this State has jurisdiction to make an initial child custody determination only if: (1) This State is the home state of the child on the date of the commencement of th…

§ 1921. Exclusive, continuing jurisdiction. (a) Except as otherwise provided in § 1923 of this title, a court of this State which has made a child custody determination consistent with § 1920 or § 1922 of this title has exclusive, continuing jurisdiction over the determination un…

§ 1922. Jurisdiction to modify determination. Except as otherwise provided in § 1923 of this title, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination u…

§ 1923. Temporary emergency jurisdiction. (a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the…

§ 1924. Notice; opportunity to be heard; joinder. (a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of § 1908 of this title must be given to all persons entitled to notice under the law of t…

§ 1925. Simultaneous proceedings. (a) Except as otherwise provided in § 1923 of this title, a court of this State may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has be…

§ 1926. Inconvenient forum. (a) A court of this State which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of…

§ 1927. Jurisdiction declined by reason of conduct. (a) Except as otherwise provided in § 1923 of this title, if a court of this State has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall dec…

§ 1928. Information to be submitted to court. (a) Subject to the rules of the court, in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or …

§ 1929. Appearance of parties and child. (a) In a child custody proceeding in this State, the court may order a party to the proceeding who is in this State to appear before the court in person with or without the child. The court may order any person who is in this State and who…

§ 1930. Definitions. In this subchapter: (1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. (2) “Respondent” mean…

§ 1931. Enforcement under Hague Convention. Under this subchapter a court of this State may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.73 Del. Laws,…

§ 1932. Duty to enforce. (a) A court of this State shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstance…

§ 1933. Temporary visitation. (a) A court of this State which does not have jurisdiction to modify a child custody determination, may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or (2) The visitation provisions of a child custody…

§ 1934. Registration of child custody determination. (a) A child custody determination issued by a court of another state may be registered in this State, with or without a simultaneous request for enforcement, by sending to the court: (1) A letter or other document requesting re…