Where do I file for divorce?

In Delaware, the process of filing for divorce begins by filing what is called a complaint for divorce with the Family Court in the county where you or your spouse reside. When you file the complaint, you will also need to submit your marriage certificate and any other documents required by the court. Once you have filed the complaint, you will be given a hearing date and will receive a summons to appear in court. During the hearing, the court will consider all evidence and determine the grounds for divorce and the division of marital assets. If you or your spouse do not live in Delaware, you can file your complaint in the county where either of you are currently residing. This could include filing a complaint in the state of Delaware if you both are currently living outside of the state. It is important to note that, even if your spouse does not appear for the hearing, the court can still proceed and grant the divorce. The court can also grant a divorce if the two parties agree and submit an uncontested divorce agreement. This means that both parties have agreed to the terms of the divorce and all assets are split equitably and without the need for court intervention. If an agreement is not reached, the court will have to step in and make the decision for you. It is recommended that you seek the assistance of an attorney to help you navigate the divorce process. An attorney can ensure that all of your rights are protected and that the process runs smoothly.

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