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Delaware State Divorce Residency Requirements

In order to file your Petition for Divorce in Delaware, you must make sure the Family Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Delaware residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

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 this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. The divorce may be filed in the county in which either spouse resides. (Delaware Code - Title 13 - Chapters: 1504, 1507)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Delaware. It is most common that people file for a divorce in the county in which they live. You can also read more about the Delaware residency requirements in the Delaware state statutes located at: http://www.delcode.state.de.us. If you are unsure of whether or not you meet the Delaware residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.