The divorce may be filed for in a county where either spouse resides. Decree of Divorce. There is no legal provision in Delaware for legal separation. The respondent may file an appearance which will fulfill the requirement of service of process. If the parent has a history of domestic violence, they may be required to attend additional, more intensive courses.
All separate property is retained by the spouse who owns such property.
There is, however, no time limit if the marriage lasted for over 20 years. Marital misconduct is not a factor to be considered in an award or alimony. Unless the spouses agree otherwise, alimony is terminated upon death, remarriage, or cohabitation with another person. Upon request, the wife may resume her former or maiden name. No preference to be given because of parent's sex.