Family court delaware rules
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Family court delaware rules
This chapter shall be liberally construed and applied to promote its underlying purposes, which are:. 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. Marriages annulled under this section shall be so declared as of the date of the marriage.
The course, in order to be certified by the Department of Services for Children, Youth and Their Families, shall consist of at least 4 hours of instruction and at a minimum provide instruction regarding the following items:.
A litigant who has a demonstrable history of domestic violence shall be ordered to participate in a separate and more intensive course which shall include, at a minimum, the topics required in paragraphs h 1 through 6 of this section and education regarding domestic violence, its prevention and its effect upon children.
Send a copy of the summons, petition, and any affidavit to respondent by registered or certified mail, return receipt requested, to the address that petitioner had averred it is most likely that mail will be received by respondent. Cause a notice in the form that the Court approves to be published on a legal notices website established by the Court or once in a newspaper of general circulation in the county where the action is pending.
If any party to a divorce or annulment proceeding dies between the time of entry of the final decree of divorce or annulment and the final resolution of all pending ancillary issues, then:.
Said notice shall be effective on the first to occur of the date of delivery or, in the case of delivery by certified or registered mail, the date of the first attempted delivery;. Notice shall be required under this subsection for the purpose of allowing the party receiving the Notice an opportunity to:. The preliminary injunction shall be effective against the petitioner upon the filing of the petition for divorce or annulment. The Court may issue any of the above orders solely or collectively without requiring notice to the other party only if it finds on the basis of the moving affidavit or other evidence that irreparable injury would result to the moving party if an order were not issued until the time for responding has elapsed.
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 himself or herself 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 him or her 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.
Proof of sexual relations is admissible but not required to prove cohabitation. A party receiving alimony shall promptly notify the other party of his or her remarriage or cohabitation. Property acquired by an individual spouse by bequest, devise, or descent or by gift, except gifts between spouses, provided the gifted property is titled and maintained in the sole name of the donee spouse, or a gift tax return is filed reporting the transfer of the gifted property in the sole name of the donee spouse or a notarized document, executed before or contemporaneously with the transfer, is offered demonstrating the nature of the transfer.
The presumption of marital property is overcome by a showing that the property was acquired by a method listed in paragraphs b 1 a. Property transferred by gift from 1 spouse to the other during the marriage is marital property. The Court, upon the request of a party by pleading or motion, may order that such party resume a maiden or former name.
The Court may order that the amount be paid directly to the attorney, who may enforce the order in his or her name. 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. An appeal that does not challenge the decree of divorce or annulment, but challenges only rulings with respect to relief awarded under other sections of this chapter, or other matters incidental or collateral to such decree, shall not delay the finality of the decree of divorce or annulment, and the parties may remarry while the appeal is pending.
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 he or she may move the Court to grant an appropriate order.
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.
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. Title 13 Authenticated PDF. Divorce and Annulment. Short title.
Purpose; construction. Jurisdiction; residence; procedure. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation. Petition for divorce or annulment.
Obtaining jurisdiction over respondent. Preliminary injunction; interim orders pending final hearing. Enforcement of interim orders. Response; counterclaim; prayers; reply to counterclaim. Alimony in divorce and annulment actions; award; limitations. Disposition of marital property; imposition of lien; insurance policies. Resumption of maiden or former name. Hearings; use of masters; impoundment; assignment of counsel.
Contested and noncontested petitions; opportunity for counseling; review of record; disposition of prayers for relief. Decree in divorce or annulment proceedings; costs; notice of entry; effect on mentally incompetent spouse; effect on subsequent petitions; temporary alimony. Modification or termination of decree or order; termination of alimony; enforcement of alimony order.
Independence of provisions of decree or temporary order. Decrees of courts of other states and countries. Procedural rights. Time for appeal.
- Family court delaware rules
It may include:. For the purpose of investigation of child abuse, dependency or neglect, the Department of Services for Children and Their Families DSCYF may investigate any allegation of child abuse, dependency or neglect committed by persons identified herein, but shall only be responsible for the investigation of intrafamilial and institutional child abuse, dependency or neglect.
Where the DSCYF is not responsible for the investigation of such child abuse or neglect, it shall immediately refer such report to the appropriate police authorities or child protective services agencies within or without the State. Does not have the ability or financial means to provide for the care of the child; and. The child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. In making a finding of dependency under this section, consideration may be given to dependency, neglect, or abuse history of any party.
The relationships referred to in this definition include blood relationships without regard to legitimacy and relationships by adoption. Behaviors included will consist of actions and omissions, ones that are intentional and ones that are unintentional. Has the ability and financial means to provide for the care of the child; and. In making a finding of neglect under this section, consideration may be given to dependency, neglect, or abuse history of any party.
The court shall endeavor to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another.
The State shall provide for the Court at the county seat in each county and in such other places as may be designated by the Chief Judge, adequate quarters properly furnished, consistent with the dignity of and suitable for the purposes of the Court. The enactment of this chapter ratifies their respective appointments and confirmations as Judges of this Court with statewide jurisdiction. All further appointments of Judges of this Court from time to time hereafter shall be made by the Governor, by and with the consent of a majority of all the members elected to the Senate.
Appointments, including appointments to fill vacancies which may occur during a term, shall be for a term of 12 years. One Judge shall be the Chief Judge. No more than a majority of 1 Judge shall be members of the same political party. They shall not practice law during their tenure and may be reappointed.
The Chief Judge may reside in any county of the State. By vote of a majority of its members it shall:. No more than a bare majority of the Judges on the Judicial Council shall be affiliated with any 1 major political party. The Judicial Council shall determine the organization and structure of the Court; establish the procedure for appointment and dismissal; the classification, titles, duties, and salaries of the Administrator, the Director of Treatment Services, the respective Chief Supervisors for the Court in each of the 3 counties, and the personal secretaries of the Administrator and all Judges.
All of the aforementioned individuals shall be specifically exempt from the state merit system. All other employees of the Court shall be included within the state merit system in accordance with the provisions of Chapter 59 of Title 29 of the Delaware Code. Other counselors may be appointed by the Chief Judge who shall possess such qualifications as the Chief Judge shall prescribe.
They shall perform such duties as may be assigned to them. The State shall bear the cost of the bond premiums required hereunder. The Clerk or Deputy Clerk shall administer all necessary oaths, enter the judgments, issue commitments and executions to enforce the same and make up and keep the records of the Court in all cases therein.
The Clerk or Deputy Clerk shall issue all process under his or her hand and the seal of the Court, and shall attest the same in the names of the Judges, or any of them, signing the same by the title of office, and shall tax costs. The Clerk or Deputy Clerk may take bail from persons arrested whether or not the Court is in session, subject to revision by a Judge, and shall do all other acts which the Court shall prescribe.
A Master, at the time of appointment and thereafter, shall be a suitable person who has been a resident of the State for at least 5 years immediately preceding the appointment. The salaries so set shall be a part of the annual budget of the Court and shall reflect the experience and time commitment of the person appointed to such office. The Department of Justice with respect to all other delinquency and adult misdemeanor charges, shall have the discretion, unless it has entered an appearance, whether to participate in delinquency and adult misdemeanor proceedings assigned by the Court to a Master, or, within a reasonable time, to transfer any delinquency or adult misdemeanor matter for consideration by a Judge.
All proceedings before Masters shall be recorded. Masters shall have full authority to order the issuance of legal process to compel the attendance of necessary parties and witnesses; to administer oaths in the discharge of their official duties; to examine the parties and witnesses; to pass upon all questions of competency of witnesses and admissibility of evidence; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before them, which they may deem necessary and proper, including appropriate sanctions except incarceration, subject at all times to the revision and control of the Court.
Every written order by a Master shall inform all parties that, as provided in this section, there is an absolute right to a review de novo by a Judge and that in the absence of a request within 15 days for de novo review, the written order of a Master shall become enforceable by any legal means.
If either party has requested a new trial, reargument, or an alteration or amendment of judgment, the time period for requesting a review de novo shall not begin to run until the Master has ruled on said request in writing and Family Court has issued that ruling to the parties and attorneys.
If any order or ruling is sent by mail, an additional 3 days to request a review de novo shall be allowed. Upon second and subsequent appointments and confirmations, a Commissioner of the Family Court shall hold office for a term of 6 years. Other appointees shall be duly admitted to practice law before the Supreme Court of this State.
The number of Commissioners appointed shall not be less than 5, with at least 1 Commissioner assigned to each county. The salaries of such Commissioners shall be part of the annual budget of the Family Court and shall reflect the educational background and experience of the appointees. Each Commissioner serving under this chapter shall have:. If a Commissioner places a juvenile in secure detention, the Commissioner shall state on the record the reasons for said detention;. A judge of the Court may accept, reject or modify in whole or in part the order of the Commissioner.
The judge may also receive further evidence or recommit the matter to the Commissioner with instruction. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge.
Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Family Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court. Organization, Administration and Operation. Purpose; construction. Court of record; name; subtitles. State to provide Court facilities. Budget; payment of salaries and expenses. Judges; selection; designation; qualifications; terms; vacancies; salaries. Administrative powers and duties of the Court.
Chief Judge; powers; duties [Effective until May 2, ]. Chief Judge; powers; duties [Effective May 2, ]. Administrator; qualifications; duties. Director of Treatment Services; qualification; duties. Supervisors, counselors; qualifications; duties. Clerks of Court; appointment; terms of office; bonds; duties. Masters; appointment; duties; review. Commissioners; appointment; duties; review.
Assignment of retired Commissioners to active duty. Law clerks.
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