Title 13 — Domestic Relations

21 chapters · 106 sections in this title.

106 sectionsFiltered byTitle 13

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…
13 Del. C. § 1701. Adult.
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§ 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,…
13 Del. C. § 1702. Married woman [Repealed].
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§ 1702. Married woman [Repealed]. Repealed by 63 Del. Laws, c. 439, § 1, effective July 23, 1982.
13 Del. C. § 1703 , 1704. Legitimate children; illegitimate children [Repealed].
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§§ 1703, 1704. Legitimate children; illegitimate children [Repealed]. Repealed by 74 Del. Laws, c. 136, § 1, effective Jan. 1, 2004.
13 Del. C. § 2001. Creation [Repealed].
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§ 2001. Creation [Repealed].64 Del. Laws, c. 481, § 1; 81 Del. Laws, c. 360, § 1; repealed by 83 Del. Laws, c. 474, § 2, effective Oct. 14, 2022.;
13 Del. C. § 2002. Composition [Repealed].
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§ 2002. Composition [Repealed].64 Del. Laws, c. 481, § 1; 65 Del. Laws, c. 175, §§ 1, 2; 66 Del. Laws, c. 386, § 1; 72 Del. Laws, c. 153, § 1; 81 Del. Laws, c. 360, § 1; repealed by 83 Del. Laws, c. 474, § 2, effective Oct. 14, 2022.;
13 Del. C. § 2003. Appointment; terms of office [Repealed].
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§ 2003. Appointment; terms of office [Repealed].64 Del. Laws, c. 481, § 1; 65 Del. Laws, c. 175, §§ 3, 4; 66 Del. Laws, c. 386, § 2; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 153, § 2; repealed by 83 Del. Laws, c. 474, § 4, effective Oct. 14, 2022.;
13 Del. C. § 2004. Purpose; powers; duties [Repealed].
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§ 2004. Purpose; powers; duties [Repealed].64 Del. Laws, c. 481, § 1; repealed by 83 Del. Laws, c. 474, § 5, effective Oct. 14, 2022.;
13 Del. C. § 2101. Creation.
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§ 2101. Creation. The General Assembly hereby creates a permanent Domestic Violence Coordinating Council.69 Del. Laws, c. 159, § 1;
13 Del. C. § 2102. Composition [For application of this section, see 81 Del. Laws, c. 241, § 2].
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§ 2102. Composition [For application of this section, see 81 Del. Laws, c. 241, § 2]. The Council shall consist of the following members: (1) The Chief Judge of the Family Court; (2) Two members of the House of Representatives (1 from each caucus) appointed by the Speaker of the …
13 Del. C. § 2103. Purpose; powers; duties.
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§ 2103. Purpose; powers; duties. The Council shall: (1) Continuously study court services and procedures, law-enforcement procedures and protocol, and criminal justice data collection and analysis as it relates to domestic violence; (2) Effectuate coordination between agencies, d…
13 Del. C. § 2104. Meetings; quorum; officers; committees; procedure.
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§ 2104. Meetings; quorum; officers; committees; procedure. (a) The Council shall meet at least 4 times per year. Seven members shall constitute a quorum. (b) The Chairperson shall have the duty to convene and preside over meetings of the Council and prepare an agenda for meetings…
13 Del. C. § 2105. Fatal and near death incident reviews.
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§ 2105. Fatal and near death incident reviews. (a) (1) The Council shall have the power to investigate and review, through a review panel, the facts and circumstances of all deaths and near deaths that occur in Delaware as a result of domestic violence. “Near death” means a victi…
13 Del. C. § 2201. Designation of Title IV-D agency.
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§ 2201. Designation of Title IV-D agency. The Division of Child Support Services is hereby established within the Department of Health and Social Services. Said Division shall constitute the IV-D agency authorized under Title IV-D of the Social Security Act (42 U.S.C. § 651 et se…
13 Del. C. § 2202. Powers and duties.
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§ 2202. Powers and duties. The Division of Child Support Services may: (1) Accept, transfer and expend funds made available by the federal or state government or by another public or private source for the purpose of carrying out this chapter; (2) Adopt rules, regulations and pro…
13 Del. C. § 2203. Title IV-D services.
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§ 2203. Title IV-D services. (a) The Division of Child Support Services may provide all services required or authorized by Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), including parent locator services, determination of paternity, establishment of child suppor…
13 Del. C. § 2204. Support payments.
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§ 2204. Support payments. (a) In compliance with federal and state law, the Division of Child Support Services is authorized to receive and disburse support payments made on behalf of each obligee who is a recipient of public assistance, who signs an application to the Division f…
13 Del. C. § 2204A. Disbursement of support payments.
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§ 2204A. Disbursement of support payments. (a) (1) The Division of Child Support Services may establish a process to transfer support payments electronically to an account designated by the obligee of the support order or to an alternate account that can be accessed by the oblige…
13 Del. C. § 2205. Administrative authority.
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§ 2205. Administrative authority. (a) In all cases enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), the Division of Child Support Services is authorized to take the following actions for the purpose of establishing paternity or establishing, modifyi…
13 Del. C. § 2206. Confidentiality of records.
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§ 2206. Confidentiality of records. (a) Except as provided by subsection (b) of this section, all files and records of services provided under Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), including information related to a custodial parent, noncustodial parent…
13 Del. C. § 2207. Enforcement by the Division of Child Support Services.
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§ 2207. Enforcement by the Division of Child Support Services. The Division of Child Support Services is hereby authorized to initiate enforcement of any child or spousal support order issued by a Court or administrative agency of this or any other state or jurisdiction that is b…
13 Del. C. § 2208. State Directory of New Hires.
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§ 2208. State Directory of New Hires. (a) General. — There is hereby established within the Division of Child Support Services an automated directory (to be known as the “State Directory of New Hires”) which shall contain information supplied by employers pursuant to § 1154(i) of…
13 Del. C. § 2209. Notice of income withholding and National Medical Support Notice.
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§ 2209. Notice of income withholding and National Medical Support Notice. Within 2 business days after the date information regarding a newly hired employee is entered into the State Directory of New Hires pursuant to § 2208(b) of this title, the Division shall transmit a notice …
13 Del. C. § 2210. Administrative enforcement in interstate cases.
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§ 2210. Administrative enforcement in interstate cases. (a) The Division of Child Support Services may request the child support agency of a state or jurisdiction outside of Delaware established pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), to enfor…
13 Del. C. § 2211. Maintenance of records.
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§ 2211. Maintenance of records. The Division of Child Support Services shall maintain such records as may be required by federal and state law.71 Del. Laws, c. 216, § 1; 80 Del. Laws, c. 234, § 17;
13 Del. C. § 2212. Financial institution data matches.
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§ 2212. Financial institution data matches. (a) The Division of Child Support Services shall enter into agreements with financial institutions doing business within this State to develop and operate, in coordination with such financial institutions, a data match system, using aut…
13 Del. C. § 2213. Parent locator information from interstate networks.
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§ 2213. Parent locator information from interstate networks. (a) The Division of Child Support Services (the “Division”) shall have access to locator information contained in data systems used by the State for purposes which include, but are not limited to, motor vehicle and law …
13 Del. C. § 2214. Collection and use of Social Security numbers.
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§ 2214. Collection and use of Social Security numbers. (a) The Division of Child Support Services shall have access to the Social Security number of: (1) Any applicant for a license as that has been defined in this section; (2) Any applicant for a marriage license; (3) Any indivi…
13 Del. C. § 2215. Child support liens.
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§ 2215. Child support liens. (a) A child support installment or payment that is past due is, as of the date on which it was due, a lien in favor of the obligee in an amount sufficient to satisfy the arrearage, whether the amount due is a fixed sum or is accruing periodically. A c…