Family Law Laws in Delaware

Family Law Law in Delaware: Overview

Delaware family law is governed by Delaware Code Title 13 (Domestic Relations). The state follows equitable distribution for dividing marital property and permits no-fault divorce based on irretrievable breakdown of the marriage, typically demonstrated by living separate and apart for at least six months. Delaware also recognizes fault-based grounds including misconduct. The state uses the Melson Formula for calculating child support, a more sophisticated version of the income shares model that builds in a standard of living adjustment. Delaware applies the best interests of the child standard for custody determinations and requires a six-month residency period before filing. Delaware Family Court is a specialized court dedicated exclusively to family and juvenile matters, providing focused expertise in domestic relations cases. The state encourages mediation and has robust resources for alternative dispute resolution in family law.

Key Statutes & Deadlines

The Melson Formula for Child Support

Delaware is one of only three states (along with Hawaii and Montana) that uses the Melson Formula for child support calculations. Developed by Judge Elwood F. Melson Jr. of the Delaware Family Court, this model is a refined version of the income shares approach. It first ensures each parent retains enough income for basic self-support (the self-support reserve), then calculates each parent's share of the child's primary support needs based on the income shares model, and finally applies a standard of living adjustment (SOLA) that allows children to benefit from any additional parental income above the basic support threshold. This three-step process is designed to provide a more equitable distribution of child support responsibilities.

Equitable Distribution Factors

Delaware courts consider numerous factors when equitably distributing marital property under 13 Del. C. § 1513. These include the length of the marriage, any prior marriage of either party, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party, the contribution of each party to the acquisition, preservation, depreciation, or appreciation of marital property, the value of each party's separate property, and whether property was acquired as a gift. Delaware courts do not consider marital misconduct in property division. The court may also consider tax consequences of the property division and whether either party will serve as the custodial parent.

Custody and the Best Interests Standard

Delaware applies the best interests of the child standard under 13 Del. C. § 722, considering factors including the wishes of the parents and the child, the interaction between the child and each parent, the child's adjustment to home, school, and community, the mental and physical health of all individuals, and compliance by the parents with their rights and responsibilities under any prior court order. Delaware law does not presume that joint custody is preferred, though courts may award joint legal or physical custody when appropriate. The state requires parents in contested custody cases to attend a mandatory parenting education course. Delaware courts may also appoint a guardian ad litem to represent the child's interests.

Delaware Court System

Delaware has a specialized Family Court established under 10 Del. C. § 902 that handles all family and juvenile matters, making it one of the few states with a dedicated family court system. The Family Court has jurisdiction over divorce, annulment, property division, child custody, child support, adoption, guardianship, domestic violence, and juvenile delinquency. The court operates in all three counties (New Castle, Kent, and Sussex) and is staffed by judges who specialize in family law. Appeals from Family Court decisions go to the Delaware Supreme Court, as Delaware does not have an intermediate appellate court. The Family Court also offers mediation services, and the state has an Office of the Child Advocate to represent children in certain proceedings.

Damages & Penalties

Delaware courts divide marital property equitably, considering the statutory factors without regard to marital misconduct. Alimony may be awarded under 13 Del. C. § 1512 based on factors including the financial needs of the requesting party, the ability of the other party to pay, the length of the marriage, the prior standard of living, the age and health of each party, and whether the party seeking alimony has foregone career opportunities to support the family. Delaware recognizes temporary, rehabilitative, and permanent alimony. Child support under the Melson Formula considers each parent's income after a self-support reserve, the child's primary support needs, and a standard of living adjustment. Failure to pay child support can result in wage garnishment, license suspension, tax refund intercepts, contempt of court, and imprisonment. Delaware also allows for modification of support orders when there is a substantial change in circumstances. The Division of Child Support Services assists with enforcement and collection.

Recent Legislative Changes

Delaware has updated its Melson Formula child support guidelines to reflect current economic conditions. The state has also expanded resources for self-represented litigants in Family Court, enhanced domestic violence protections, and improved processes for expediting family law cases.

Frequently Asked Questions