Delaware Code § 13-1504

Jurisdiction; residence; procedure
Open in Lexace · Ask the AI about this section
(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.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.