reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1107. Time for hearing; preparation of social report.

§ 1107. Time for hearing; preparation of social report.
(a) If a petition for the termination of parental rights is filed and DSCYF or a licensed agency is a party to the proceedings, the Court shall set a date for a hearing on the petition and shall cause notice of the time, place, and purpose of the hearing to be served as required under § 1107A of this title. Absent good cause, a social report must be filed no later than 1 week prior to the hearing.
(b) If a petition for termination of parental rights is filed and DSCYF or a licensed agency is not a party, the Court shall order DSCYF or a licensed agency to file a social report within 6 months. The Court shall set a date for a hearing to take place after the report is to be filed, but not earlier than 12 months after the filing of the petition for proceedings under § 1103(a)(6) of this title, and notice must be accomplished under § 1107A of this title.
(c) The information contained in the social report must consider the best interest factors under § 722 of this title and include all of the following:
(1) Information regarding the child and the child's background.
(2) The history of the child's custody, visitation, and living arrangements.
(3) Information regarding the parents.
(4) Information regarding the petitioners.
(5) a. Information regarding efforts at reunification with the parents if the petition is filed under § 1103(a)(5) of this title.
b. Information regarding the allegations of dependency and neglect if the petition is filed under § 1103(a)(6) of this title.
(6) The plan for the child if the petition is granted.
(7) A statement that the person preparing the social report or the petitioner has advised each birth parent whose name and whereabouts are known to the petitioner of the birth parent's right to file a written notarized statement with the Office of Vital Statistics denying the release of identifying information under § 923(b) of this title.
48 Del. Laws, c. 135, §  6;  12 Del. C. 1953, §  1107;  50 Del. Laws, c. 17, §  1;  59 Del. Laws, c. 466, §  22;  60 Del. Laws, c. 251, §  13;  62 Del. Laws, c. 402, §  4;  64 Del. Laws, c. 108, §§  6, 10;  66 Del. Laws, c. 356, §  1;  68 Del. Laws, c. 276, §  1;  73 Del. Laws, c. 171, §§  12, 17;  83 Del. Laws, c. 226, § 9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1108. Order of termination and transfer of parental rights.

§ 1108. Order of termination and transfer of parental rights.
(a) If the Court finds by clear and convincing evidence both that a ground exists for the termination of existing parental rights and termination and transfer of the rights is in the child's best interest, the Court shall order the termination of the rights in the parent, person, or organization in which the rights have existed and transfer the rights to another person, DSCYF, or a licensed agency, as the Court determines is best qualified to receive the rights.
(b) (1) In a proceeding under § 1103(a)(1) of this title in which each individual entitled to consent has waived notice of hearing and the right to appear at the hearing under § 1106(e) of this title, the Court shall issue its decision and order within 30 days after the filing of the petition and social report.
(2) In a proceeding under this chapter that does not qualify under paragraph (b)(1) of this section, the Court shall issue its decision and order within 30 days following the conclusion of the proceeding.
(c) An irregularity in a proceeding under this chapter is deemed cured on the expiration of 6 months from the date of the entry of the order of termination of parental rights of a parent, and a party over whom the Court established personal jurisdiction may not attack the validity of the order, either through a collateral or direct proceeding.
48 Del. Laws, c. 135, §  7;  13 Del. C. 1953, §  1108;  50 Del. Laws, c. 17, §  1;  56 Del. Laws, c. 300;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 276, §  1;  75 Del. Laws, c. 345, §  1;  83 Del. Laws, c. 226, § 11;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1109. Petition for transfer of parental rights of deceased parents.

§ 1109. Petition for transfer of parental rights of deceased parents.
DSCYF or a licensed agency may file a petition to transfer the parental rights of a deceased parent if it appears that adoption is in the best interest of the child. A petition under this section must include all of the following:
(1) Name and address of the petitioner.
(2) Name, date, and place of birth of the child.
(3) Name, address, and date of death of the deceased parent.
(4) A certified copy of the death certificate of the deceased parent.
(5) A statement that the petitioner has explored the possibility of placing the child with relatives and the results of the efforts.
68 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 171, §§  14-16;  83 Del. Laws, c. 226, § 12;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1110. Appeals.

§ 1110. Appeals.
Each party may, at any time within 30 days after the issuance of the written order, take an appeal therefrom to the Supreme Court.
48 Del. Laws, c. 135, §  8;  13 Del. C. 1953, §  1109;  50 Del. Laws, c. 17, §  1;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 13;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1111. Court costs.

§ 1111. Court costs.
Except as provided under § 1107A of this title, the petitioner shall pay all court costs, including costs for giving notice and advertising. As used in this section, “court costs” does not include the respondent's attorney fees.
13 Del. C. 1953, §  1110;  50 Del. Laws, c. 17, §  1;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 14;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1112. Confidential nature of records.

§ 1112. Confidential nature of records.
(a) (1) Each court record and docket relating to a proceeding under this chapter is confidential.
(2) The Clerk of the Court shall keep in a sealed container each court record and docket relating to a proceeding under this chapter.
(3) A court record or docket relating to a proceeding under this chapter may be opened only by an order of a judge of the Court.
(b) Nothing in this section may be construed to restrict DSCYF or a licensed agency from releasing nonidentifying information in its records to a party to a termination proceeding under this chapter.
(c) DSCYF or a licensed agency may not release identifying information, such as a name or address, except under at least 1 of the following circumstances:
(1) By court order.
(2) Under § 929 of this title.
(3) Under subchapter III of Chapter 9 of this title.
(d) (1) An adopted individual may file a petition if the adopted individual's health or the health of the adopted individual's blood relative is of concern and the agency refuses to release needed health information to the adopted individual.
(2) A court order may permit an adopted individual to inspect only that part of the Court's or an agency's record containing needed health information if the Court finds that the adopted individual's health information is both of the following:
a. Contained in the Court's or agency record.
b. Needed for the health of the adopted individual or the health of the adopted individual's blood relative.
(3) This section applies to information relating to the identification or location of the adopted individual's biological sibling if the health of the adopted individual or the adopted individual's blood relative depends on the biological sibling's participation in a medical treatment.
(e) (1) A person that wishes to inspect the papers filed in connection with a proceeding under this chapter may petition the Court or the court of original jurisdiction stating the reason for the inspection.
(2) The Court may refer a petition under this section to DSCYF or a licensed agency for investigation and report.
(3) The Court shall issue an order permitting the release of the information requested and establishing the terms under which the information may be released if the Court finds all of the following:
a. Release of the information is necessary.
b. Release of the information will not prejudice the interests of the adopted individual, biological parent, or adoptive parent.
13 Del. C. 1953, §  1111;  50 Del. Laws, c. 17, §  1;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §§  3, 4;  62 Del. Laws, c. 420, §  10;  64 Del. Laws, c. 108, §§  4, 10;  64 Del. Laws, c. 387, §  2;  68 Del. Laws, c. 276, §  1;  69 Del. Laws, c. 433, §§  6, 7;  83 Del. Laws, c. 226, § 15;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1113. Effect of termination of parental rights.

§ 1113. Effect of termination of parental rights.
(a) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, all of the rights, duties, privileges, and obligations recognized by law between the person whose parental rights are terminated and the child forever thereafter cease to exist. The person or organization to whom the parental rights are transferred has custody and guardianship of the child, but the custody and guardianship terminate automatically upon the entry of another order transferring parental rights or an order of adoption.
(b) (1) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, the child loses all rights of inheritance from each parent whose parental rights were terminated and from the parent's collateral or lineal relatives.
(2) A parent whose parental rights are terminated and the parent's collateral or lineal relatives lose all rights of inheritance from the child.
(c) This section does not limit the right of an individual to provide for the disposition of the individual's property by will.
(d) The termination of 1 parent's rights does not affect the other parent's rights.
13 Del. C. 1953, §  1112;  53 Del. Laws, c. 102, §  4;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 16;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1114. Placement for adoption and post-termination placement order.

§ 1114. Placement for adoption and post-termination placement order.
If the Court issues an order terminating existing parental rights and transferring them to DSCYF or a licensed agency, all of the following must occur:
(1) The agency shall attempt to promptly place the child for adoption.
(2) Every 6 months after the Court issues the order, or more frequently at the Court's discretion, and until an adoption decree, guardianship, or permanent guardianship order is entered, the Court shall convene a hearing or require the agency to submit to the Court a written report that must include at least all of the following:
a. Details of the agency's reasonable efforts toward finalizing a permanency plan.
b. A description of the steps the agency took to achieve the permanency plan.
c. A description of barriers to the permanency plan and how the barriers may be overcome.
65 Del. Laws, c. 457, §  1;  68 Del. Laws, c. 276, §  1;  79 Del. Laws, c. 234, §  1;  83 Del. Laws, c. 226, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1115. Interpretation.

§ 1115. Interpretation.
This chapter is intended to promote without undue delay the paramount objective of advancing the best interest of the child, and a question of interpretation must be construed liberally to achieve this legislative intent.
59 Del. Laws, c. 466, §  23;  62 Del. Laws, c. 420, §  11;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 18;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS › § 1116. Reinstatement of parental rights.

§ 1116. Reinstatement of parental rights.
(a) A petition for reinstatement of parental rights may be filed in Court on behalf of a child if all of the following conditions are met:
(1) The child is at least 14 years old when the petition is filed.
(2) Parental rights in the child are vested in DSCYF when the petition is filed, regardless of the date parental rights were terminated.
(3) The child is in DSCYF custody under Chapter 25 of this title when the petition is filed.
(4) Adoption of the child is not possible or appropriate.
(5) The child consents to the reinstatement.
(6) The parent who is subject to the reinstatement consents.
(7) At least 2 years have elapsed since the final termination of parental rights order or the child is 17 years old.
(b) The Court retains jurisdiction to reinstate parental rights in a case in which the Court previously terminated parental rights. A petition for reinstatement must be filed in the county in which the child's DSCYF custody case is heard.
(c) The child, the child's attorney, or DSCYF may file a petition for reinstatement of parental rights against 1 or both parents.
(d) Notice and service of the petition must be completed under § 3103 of Title 10 and Court rules.
(e) (1) If the factors under subsection (a) of this section are met, the Court shall hold a hearing on the petition for reinstatement of parental rights.
(2) The Court may grant a petition under this section if it finds by clear and convincing evidence that reinstatement is in the best interest of the child.
(f) A petition granted under this section does not affect the validity of the underlying order terminating parental rights.
(g) A parent whose rights are reinstated under this section is not liable for child support for the time period during which the parent's parental rights were terminated.
(h) A cause of action concerning the original termination of parental rights may not be brought against DSCYF, a licensed agency, or another party. Upon the Court's issuance of a final order reinstating parental rights, all of the rights, duties, privileges, and obligations recognized by law between parent and child are reinstated, including rights of inheritance.
79 Del. Laws, c. 165, §  2;  83 Del. Laws, c. 226, § 19;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 13. ILLEGITIMATE CHILDREN › Subchapter I. General Provisions › § 1301. Legitimating child conceived out of wedlock.

§ 1301. Legitimating child conceived out of wedlock.
A child conceived out of wedlock shall be legitimate if the parents shall marry before the birth of the child or if they shall marry after adjudication or acknowledgment of parentage after the birth of the child, or upon acknowledgment of the paternity made in writing by the parents, if both are living or by the father if the mother is not living and filed in the Office of Vital Statistics according to § 8-302 of this title or § 3121 of Title 16.
11 Del. Laws, c. 243, §  1;  24 Del. Laws, c. 224, §  1;  Code 1915, §  3087;  32 Del. Laws, c. 184, §  7;  Code 1935, §  3573;  13 Del. C. 1953, §  1301;  69 Del. Laws, c. 296, §  21;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 13. ILLEGITIMATE CHILDREN › Subchapter I. General Provisions › § 1302. Inheritance from illegitimate person dying intestate.

§ 1302. Inheritance from illegitimate person dying intestate.
When an illegitimate person dies intestate and without lawful issue, such person's property, real and personal, if there is any, shall pass, and belong to such person's mother, if living, and, in case of the mother's death, to the mother's heirs, subject always to the payment of debts and demands against such illegitimate person and to expenses of administration.
11 Del. Laws, c. 243, §  1;  24 Del. Laws, c. 224, §  1;  Code 1915, §  3087;  32 Del. Laws, c. 184, §  7;  Code 1935, §  3573;  13 Del. C. 1953, §  1302;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 13. ILLEGITIMATE CHILDREN › Subchapter I. General Provisions › § 1303. Inheritance from mother of illegitimate person.

§ 1303. Inheritance from mother of illegitimate person.
When the mother of an illegitimate child dies intestate, such illegitimate child, or the issue of such who may be dead, shall share in the said mother's real and personal estate, in the same manner as legitimate children or their issue.
Code 1915, §  3087A;  29 Del. Laws, c. 229, §  1;  30 Del. Laws, c. 200, §  1;  Code 1935, §  3574;  13 Del. C. 1953, §  1303;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 13. ILLEGITIMATE CHILDREN › Subchapter I. General Provisions › § 1304. Inheritance from father of illegitimate person.

§ 1304. Inheritance from father of illegitimate person.
Any person legitimated as provided by § 1301 of this title shall inherit from the father under the inheritance laws of this State to the same extent as a child conceived in wedlock of that father.
11 Del. Laws, c. 243, §  1;  24 Del. Laws, c. 224, §  1;  Code 1915, §  3087;  32 Del. Laws, c. 184, §  7;  Code 1935, §  3573;  13 Del. C. 1953, §  1304;  55 Del. Laws, c. 179;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 13. ILLEGITIMATE CHILDREN › Subchapter I. General Provisions › § 1305. Father's liability for maintenance; payment to State Department of Health and Social Services.

§ 1305. Father's liability for maintenance; payment to State Department of Health and Social Services.
The father of an illegitimate child shall be bound to pay the State Department of Health and Social Services all charges it incurs, for maintenance, or otherwise, of such child while under 18 years of age, in accordance with Chapter 28 of Title 31. It may recover the same as any other debt, or by means of any bond of indemnity, given to secure it, under §§ 1326 [repealed] and 1327 [repealed] of this title.
Code 1852, §  1474;  19 Del. Laws, c. 768, §  1;  Code 1915, §  3072;  32 Del. Laws, c. 184, §  1;  37 Del. Laws, c. 189, §  1;  Code 1935, §  3558;  13 Del. C. 1953, §  1305;  58 Del. Laws, c. 511, §  23;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 13. ILLEGITIMATE CHILDREN › Subchapter II. Illegitimacy Proceedings › § 1321-1335. Proceedings in illegitimacy; jurisdiction and venue; commencement; recognizance for appearance of putative father after birth of child; time of hearing; competency of mother to testify; dying declaration; deposition; competency of putative father to testify; order on putative father; payments; release of putative father on probation bond; commitment to jail for failure to give bond; discharge; approval of bond; filing and notice; appeal; bond and supersedeas; appeal; procedure; appeal; jury trial; appeal; powers of Superior Court; affirmed or amended order; certification by Prothonotary; costs.

§§ 1321-1335. Proceedings in illegitimacy; jurisdiction and venue; commencement; recognizance for appearance of putative father after birth of child; time of hearing; competency of mother to testify; dying declaration; deposition; competency of putative father to testify; order on putative father; payments; release of putative father on probation bond; commitment to jail for failure to give bond; discharge; approval of bond; filing and notice; appeal; bond and supersedeas; appeal; procedure; appeal; jury trial; appeal; powers of Superior Court; affirmed or amended order; certification by Prothonotary; costs.
Repealed by 59 Del. Laws, c. 567, § 3.
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1502. Purpose; construction.

§ 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 their children caused by the process of legal dissolution of marriage;
(3) To make the law of divorce more effective for dealing with the realities of matrimonial experience by making irretrievable breakdown of the marriage relationship the sole basis for divorce;
(4) To permit dissolution of a marriage where the marriage is irretrievably broken despite the objections of an unwilling spouse;
(5) To award alimony under this chapter to a dependent party but only during the continuance of such dependency;
(6) To award alimony in appropriate cases so as to encourage parties to become self-supporting;
(7) [Repealed.]
59 Del. Laws, c. 350, §  1;  61 Del. Laws, c. 204, §  1;  62 Del. Laws, c. 168, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1503. Definitions.

§ 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 working animal.
b. A “service animal” as defined in § 4502 of Title 6.
c. An animal kept primarily as a source of income, including “livestock” as defined in § 7700 of Title 3.
(4) “Court” means Family Court of the State.
(5) “Incompatibility” means marital rift or discord that has destroyed the marriage relation, without regard to the fault of either party.
(6) “Mental illness” means mental incapacity or infirmity so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation.
(7) “Misconduct” means conduct so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation; and “misconduct” includes, as examples, adultery, bigamy, conviction of a crime the sentence for which might be incarceration for 1 or more years, repeated physical or oral abuse directed against petitioner or children living in the home, desertion, wilful refusal to perform marriage obligations, contracting venereal disease, habitual intemperance, habitual use of illegal drugs or other incapacitating substances and/or other serious offenses destructive of the marriage relation.
(8) “Separation” means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage characterized under § 1505(b)(2) of this title; and separation may commence and/or continue while the parties reside under the same roof, provided, during such period, the parties occupy separate bedrooms and do not have sexual relations with each other, except as § 1505(e) of this title may apply.
(9) “Voluntary separation” means separation by mutual consent or acquiescence; but if respondent denies that the separation was voluntary then mutual consent or acquiescence must be established either by written agreement of the parties or by proof of institution by respondent of separate judicial proceedings premised upon respondent's consent to or acquiescence in the separation.
59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 297, §§  1, 2;  60 Del. Laws, c. 331, §  1;  60 Del. Laws, c. 333, §  1;  61 Del. Laws, c. 365, §§  1, 2;  80 Del. Laws, c. 288, § 1;  84 Del. Laws, c. 51, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1504. Jurisdiction; residence; procedure.

§ 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 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. Notwithstanding the immediately preceding sentence, in addition to any other basis for jurisdiction it may otherwise have, the Family Court of this State has jurisdiction over all proceedings for divorce and annulment of same-gender marriages that are solemnized in this State or created by conversion of civil unions pursuant to the laws of this State, notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. If neither of the parties to a same-gender marriage solemnized in this State or created by conversion of a civil union pursuant to the laws of this State reside in this State, any petition for divorce or annulment of such marriage shall be filed in the county in which one or both of such parties last resided in this State.
(b) The procedure in divorce and annulment shall conform to the rules of the Court where the same do not contravene this title.
13 Del. C. 1953, §  1501;  58 Del. Laws, c. 349, §  1;  59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 297, §  3;  60 Del. Laws, c. 333, §  2;  79 Del. Laws, c. 19, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1505. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation.

§ 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 irretrievably broken where it is characterized by:
(1) Voluntary separation; or
(2) Separation caused by respondent's misconduct; or
(3) Separation caused by respondent's mental illness; or
(4) Separation caused by incompatibility.
(c) Previously existing defenses to divorce of condonation, connivance, recrimination, insanity and lapse of time are preserved but only with respect to marriages characterized under paragraph (b)(2) of this section.
(d) The only defense to a divorce action shall be the failure to establish either:
(1) The marriage of the parties; or
(2) Jurisdictional requirements of § 1504 of this title; or
(3) That the marriage is irretrievably broken; or
(4) A defense permitted under subsection (c) of this section because of the characterization of the marriage under paragraph (b)(2) of this section.
(e) Bona fide efforts to achieve reconciliation prior to divorce, even those that include, temporarily, sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce.
24 Del. Laws, c. 221, §  3;  25 Del. Laws, c. 213, §  2;  Code 1915, §  3006;  35 Del. Laws, c. 188, §  1;  Code 1935, §  3499;  41 Del. Laws, c. 186, §  1;  43 Del. Laws, c. 206, §  1;  13 Del. C. 1953, §  1522;  49 Del. Laws, c. 57, §  1;  51 Del. Laws, c. 27;  56 Del. Laws, c. 296, §§  1-3;  59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 333, §§  3, 4;  61 Del. Laws, c. 365, §§  3-5;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1510. Enforcement of interim orders.

§ 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, assaulting any other person, or requiring the person to remove that person's own self from certain premises and to refrain from loitering, entering or remaining near the premises thereafter and the copy of the order shows under signature of the person so serving that a copy of the order has been properly served upon the person named in the order and the person named commits an apparent violation of its terms, it shall be the duty of the sheriff, constable or police officer to take the person named in the order immediately before the Court issuing the order or if that Court is not in session then to the nearest jail until bail is fixed and provided or until the convening of its next session, to await further action for the violation.
59 Del. Laws, c. 350, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1511. Response; counterclaim; prayers; reply to counterclaim.

§ 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 service by mail, appearance personally or by counsel, or the date of publication of notice.
(b) Respondent may seek an award of interim relief under § 1509 of this title, alimony where appropriate under § 1512 of this title, disposition of property, attorney's fees, resumption of former name or any other relief available to a petitioner.
(c) Petitioner may reply, move or otherwise plead in response to a counterclaim for divorce or annulment within 20 days after service of the counterclaim.
(d) For good cause shown, the Court may extend the time stipulated for responding to the petition or a counterclaim.
(e) In any case where there are living children of the marriage, the respondent shall submit with the response, or other responsive pleading, an affidavit signed by the respondent showing that the respondent has read or been advised of the children's rights set forth in § 1507(g) of this title, which rights shall be set forth in full in said affidavit.
13 Del. C. 1953, §  1504;  58 Del. Laws, c. 349, §  4;  59 Del. Laws, c. 350, §  1;  61 Del. Laws, c. 365, §  10;  67 Del. Laws, c. 123, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1514. Resumption of maiden or former name.

§ 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, §  12;  59 Del. Laws, c. 350, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 254, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1515. Attorneys' fees.

§ 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 for legal services rendered and costs incurred prior to the commencement of the proceeding or after the entry of judgment. The Court may order that the amount be paid directly to the attorney, who may enforce the order in such attorney's own name.
Code 1915, §  3015;  Code 1935, §  3508;  13 Del. C. 1953, §  1530;  59 Del. Laws, c. 350, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1516. Hearings; use of masters; impoundment; assignment of counsel.

§ 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, or a legitimate educational or research interest in the work of the Court.
(b) A judge or commissioner, sitting without a jury, shall conduct all hearings and trials where there is a contest, and in those proceedings that are uncontested.
(c) Whenever it seems appropriate, in the interest of justice, the Court may designate a disinterested attorney to defend, or otherwise participate in, a proceeding before the Court, and a fee for such attorney shall be taxed as part of the costs.
(d) No record or evidence in any case shall be impounded or access thereto refused.
13 Del. C. 1953, §§  1505-1507;  58 Del. Laws, c. 349, §§  5-7;  59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 333, §  5;  61 Del. Laws, c. 365, §  14;  76 Del. Laws, c. 59, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1517. Contested and noncontested petitions; opportunity for counseling; review of record; disposition of prayers for relief.

§ 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 Court shall rule upon the petition either after a hearing at which only petitioner need testify, or without a hearing after the submission of a request for finalization and affidavit which reaffirms the petition and verifies service of process and military status of the respondent. If petitioner's testimony or the affidavit fails to support the petition in any essential respect, the Court may deny the petition or require corroborating testimony or other evidence before ruling thereon.
(b) In contested cases, after a hearing the Court shall:
(1) Rule upon the petition; or
(2) Continue the matter with the consent of both parties for further hearing not more than 60 days later so that the parties may seek counseling, either with a qualified private counselor or an accredited counseling agency, public or private. No party who objects shall be forced to submit to counseling, and all counseling or interviews shall be confidential and privileged and only the fact that further efforts at reconciliation are impractical or not in the interest of the parties shall be reported to the Court. At the adjourned hearing the Court shall finally determine whether the marriage is irretrievably broken.
(c) Before entering a decree the Court shall review the record to determine that:
(1) The averments of the petition satisfy § 1504(a), § 1505 or § 1506, and § 1507 of this title;
(2) Jurisdiction has been acquired over respondent under § 1508 of this title;
(3) In uncontested cases, whether the time for respondent to file a responsive pleading has expired;
(4) The parties to a divorce proceeding have continued to be separated since the commencement of this action, except as § 1505(e) of this title may apply;
(5) A certified copy of the parties' marriage record has been filed; and
(6) The affidavit of nonmilitary service, wherever required by federal statute, has been filed.
(d) Where either party has requested property disposition, alimony or other relief provided for in this title, and a decree of divorce or annulment shall be entered, or if such a decree is refused and, nevertheless, the Court deems it appropriate to enter an order concerning some or all of the relief requested, the Court shall finally determine such requests for relief.
59 Del. Laws, c. 350, §  1;  61 Del. Laws, c. 365, §§  15-17;  74 Del. Laws, c. 254, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1519. Modification or termination of decree or order; termination of alimony; enforcement of alimony order.

§ 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 this title, or otherwise;
(2) Custody and/or visitation of a child, only as provided in Chapter 7 of this title, or otherwise;
(3) Property disposition, only upon a showing of circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court of this State;
(4) Alimony or any other relief awarded, only upon a showing of real and substantial change of circumstances.
(b) Unless otherwise agreed by the parties in writing and expressly provided in the decree, the obligation to pay future alimony is terminated upon the death of either party or the remarriage of the party receiving alimony.
(c) Any alimony order entered pursuant to § 1512 of this title shall be enforced in this State exclusively by the Family Court in the county wherein the respondent resides or is found, or in the county where petitioner resides if respondent does not reside and cannot be found in this State, regardless of whether such petitioner was the petitioner or the respondent in the divorce action, and such Family Court, on proper showing of either of such petitioner or such respondent or on its own motion, may modify or terminate support obligations formerly decreed by the Superior Court.
59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 297, §§  11, 12;  61 Del. Laws, c. 365, §  22;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1520. Independence of provisions of decree or temporary order.

§ 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 appropriate order.
59 Del. Laws, c. 350, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1521. Decrees of courts of other states and countries.

§ 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. Nothing herein contained shall be construed to limit the power of any court of this State to give such effect to a decree of divorce or annulment by a court of a foreign country as may be justified by the rules of international comity.
24 Del. Laws, c. 221, §  28;  Code 1915, §  3032;  Code 1935, §  3525;  45 Del. Laws, c. 225, §  1;  13 Del. C. 1953, §  1511;  59 Del. Laws, c. 350, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1522. Procedural rights.

§ 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 this State including but not limited to the following:
(1) Right to institute and retain complete control of the suit;
(2) Right to select counsel;
(3) Right to appeal to the Supreme Court of this State on the record from interlocutory or final orders for judgment; such appeal shall be in the form and manner provided by the rules of the Supreme Court.
(b) A complete record shall be made of all proceedings in which testimony is taken under this section by a court stenographer, tape recorder or other device which method shall be at the discretion of the Court.
60 Del. Laws, c. 297, §  13;  67 Del. Laws, c. 151, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 15. DIVORCE AND ANNULMENT › § 1523. Time for appeal.

§ 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 proper appellate court within 30 days after the date of the same.
61 Del. Laws, c. 365, §  23;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 17. DOMICILE › § 1701. Adult.

§ 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, and who has, during that time, maintained oneself and one's family, shall be held to have acquired a legal domicile therein.
40 Del. Laws, c. 209, §  1;  Code 1935, §  1132;  13 Del. C. 1953, §  1701;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1903. Proceedings governed by other law.

§ 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 medical care for a child.
73 Del. Laws, c. 426, §  1;  74 Del. Laws, c. 94, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1904. Application to Indian tribes.

§ 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 court of the state shall treat a tribe as if it were a state of the United States for the purpose of applying subchapters I and II of this chapter.
(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III of this chapter.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1905. International application.

§ 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 custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter III of this chapter.
(c) A court of this State need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1906. Effect of child custody determination.

§ 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 chapter or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1907. Priority.

§ 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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1908. Notice to persons outside State.

§ 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 must be given in a manner reasonably calculated to give actual notice but may be by publication in print or on a legal notices website established by the Court if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this State or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
73 Del. Laws, c. 426, §  1;  83 Del. Laws, c. 96, § 4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1909. Appearance and limited immunity.

§ 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 another proceeding or purpose solely by reason of having participated or of having been physically present for the purpose of participating in the proceeding.
(b) A person who is subject to personal jurisdiction in this State on a basis other than physical presence is not immune from service of process in this State. A party present in this State who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this State.
73 Del. Laws, c. 426, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT › Subchapter I. General Provisions › § 1910. Communication between courts.

§ 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 communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
73 Del. Laws, c. 426, §  1;