What are the residency requirements for divorce?

The residency requirements for divorce in the state of Delaware are as follows: either you or your spouse must be a resident of Delaware for at least six months prior to the filing of the divorce petition. You must have been a resident at the time the divorce petition was filed and must also have resided in Delaware continuously throughout the six months prior to filing. In addition, the grounds for divorce must have taken place in Delaware. If you were married in Delaware, then you only need to be a resident for three months prior to the filing of the divorce petition. However, the circumstances of your marriage must still be met in terms of the grounds for the divorce for it to be granted. In cases of adultery or extreme cruelty, the residency requirement is only 90 days prior to the filing of the petition. If this is the case, the petitioner must also have resided in Delaware continuously throughout the 90 days prior to the filing. In order to be granted a divorce, the residency requirements in Delaware must be met. It is important for those seeking a divorce to meet with an experienced divorce attorney to ensure that all residency requirements are met.

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