Delaware Pro Se FAQ

Frequently Asked Questions — Representing Yourself in Delaware

Common questions for self-represented litigants in Delaware, organized by case type.

Divorce

What are the residency requirements for divorce in Delaware?

In Delaware, at least one spouse must have lived in the state for a minimum of six months before filing for divorce. This ensures that the state has jurisdiction over the case. Always check the latest requirements on the Delaware court's website.

How does Delaware handle property division in divorce?

Delaware follows equitable distribution laws, meaning property is divided fairly, though not necessarily equally. The court considers factors like the length of the marriage, each spouse's financial situation, and contributions to marital property. It's important to provide complete financial disclosures.

Can I get a divorce in Delaware without going to court?

If both parties agree on all terms, including property division and child custody, you might avoid a court hearing by submitting a settlement agreement. However, a judge must still review and approve the terms. Check with the Delaware court for the latest procedures.

Child Custody

How does Delaware determine the best interests of the child in custody cases?

Delaware considers several factors to determine the child's best interests, including the wishes of the child and parents, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved. The court also evaluates any history of domestic violence or substance abuse.

Is mediation required in Delaware child custody cases?

Yes, Delaware often requires mediation in child custody cases to encourage parents to resolve disputes amicably. Mediation can lead to a mutually agreed-upon parenting plan, which can then be submitted for court approval. If mediation fails, the case proceeds to trial.

Can I modify a child custody order in Delaware?

Yes, a child custody order in Delaware can be modified if there is a significant change in circumstances affecting the child's welfare. To request a modification, you must file a petition with the Family Court and demonstrate why the current order no longer serves the child's best interests.

Child Support

How is child support calculated in Delaware?

Child support in Delaware is calculated using the Melson Formula, which considers both parents' income, the needs of the child, and each parent's ability to pay. It's important to check the Delaware court's website for any updates to the formula or calculation guidelines.

Can child support orders be modified in Delaware?

Yes, child support orders can be modified in Delaware if there is a significant change in circumstances, such as a change in income, employment status, or the needs of the child. A petition for modification must be filed with the Family Court.

What happens if a parent doesn't pay child support in Delaware?

If a parent fails to pay child support in Delaware, the court may enforce the order through measures such as wage garnishment, tax refund interception, or even contempt of court proceedings. It's crucial to keep the court informed of any payment issues.

Small Claims

What is the filing fee for small claims in Delaware?

The filing fee for small claims in Delaware varies depending on the amount of the claim and location. It is advisable to check the current fee schedule on the Delaware courts website or contact the local Justice of the Peace Court for the accurate information. Small claims jurisdictional limit — amount in controversy, generally exclusive of interest and costs (10 Del. C. §9301): $25,000. Always confirm the current figure at https://delcode.delaware.gov/title10/c093/index.html.

How long does a small claims case take in Delaware?

The duration of a small claims case in Delaware can vary. Typically, cases are resolved within a few months from filing, but this can depend on the court's schedule and the specifics of the case. Ensure all paperwork is complete and properly filed to avoid delays.

Can I appeal a small claims decision in Delaware?

In Delaware, you can appeal a small claims decision if you are dissatisfied with the outcome. Appeals are generally filed with the Court of Common Pleas. It is important to note that there are specific deadlines and procedures for filing an appeal, which should be verified with the local court.

Landlord-Tenant / Eviction

What notice is required for eviction in Delaware?

In Delaware, landlords must provide a written notice to tenants before filing for eviction. The notice period depends on the reason for eviction. For non-payment of rent, a 5-day notice is typical, while other breaches may require a longer notice. Always check current state laws for specific notice requirements. Notice to pay rent or quit (cure period) for nonpayment of rent (25 Del. C. §5502): 5 days. Always confirm the current figure at https://delcode.delaware.gov/title25/c055/index.html. Notice to terminate a month-to-month tenancy (25 Del. C. §5106): 60 days. Always confirm the current figure at https://delcode.delaware.gov/title25/c051/index.html.

How can a tenant defend against eviction in Delaware?

Tenants in Delaware can defend against eviction by challenging the landlord's claims, such as proving rent was paid, or raising defenses like habitability issues. Tenants must file an answer with the court and present evidence at the hearing. Legal advice may be beneficial in preparing a defense.

What happens if a tenant does not appear at the eviction hearing in Delaware?

If a tenant fails to appear at the eviction hearing in Delaware, the court may issue a default judgment in favor of the landlord. This could lead to an eviction order being granted. Tenants should attend the hearing or notify the court if they are unable to appear to avoid default judgments.

Restraining Order / Protective Order

How long does it take to get a restraining order in Delaware?

The time to obtain a restraining order in Delaware can vary. A temporary order may be issued quickly after filing, often within a day or two. A full hearing for a permanent order typically follows within weeks. Check the Delaware Courts website for specific timelines.

What happens if the respondent violates the restraining order in Delaware?

If the respondent violates a restraining order in Delaware, it is considered a criminal offense. The protected party should contact law enforcement immediately. Violations can result in arrest and potential criminal charges against the respondent.

Can I modify or extend a restraining order in Delaware?

Yes, in Delaware, you can request to modify or extend a restraining order by filing a motion with the court. This usually requires a hearing where you must provide reasons for the modification or extension. Always check the latest procedures on the Delaware Courts website.

Expungement

Who is eligible for expungement in Delaware?

Eligibility for expungement in Delaware depends on the nature of the offense and your criminal history. Certain misdemeanors and felonies may qualify, especially if they did not result in a conviction. Always check the current laws or consult with a local legal expert to confirm your eligibility.

How long does the expungement process take in Delaware?

The expungement process timeline can vary based on court schedules and the specifics of your case. It typically takes several months from filing to receive a court decision. For precise timelines, refer to the Delaware court website or consult with court personnel.

Can I expunge multiple offenses in Delaware at once?

Yes, you can petition to expunge multiple offenses simultaneously, provided each qualifies under Delaware law. Ensure all offenses are included in your petition and that you provide complete documentation for each. It's essential to follow the correct procedure for each offense to avoid delays or denials.

Probate

What is the probate threshold in Delaware?

Small estate / summary administration threshold — value of the estate (12 Del. C. §2306): $30,000. Always confirm the current figure at https://delcode.delaware.gov/title12/c023/sc01/index.html.

What happens if there is no will in Delaware probate?

If no will exists, Delaware's intestacy laws determine asset distribution. The court appoints an administrator to manage the estate. Assets are distributed to the closest relatives according to state law.

How long does the probate process take in Delaware?

The probate process duration in Delaware can vary widely, typically from several months to over a year. The time depends on factors like estate complexity and whether disputes arise among beneficiaries.

Can a probate decision be contested in Delaware?

Yes, probate decisions can be contested. Beneficiaries or interested parties may challenge the validity of the will or the executor's actions. Legal grounds must be presented in court, and it is advisable to seek legal guidance.

Name Change

How long does a name change take in Delaware?

The duration for completing a name change in Delaware varies. Generally, it can take several weeks to a few months, depending on court schedules and whether all paperwork is correctly filed and processed. Contact the local court for more specific timelines.

Do I need to publish my name change in a newspaper in Delaware?

Yes, Delaware typically requires you to publish notice of your name change in a local newspaper. This step is part of informing the public and allowing for any objections. Confirm the specific requirements with your local court.

Can I change my name for any reason in Delaware?

In Delaware, you can request a name change for various reasons, including marriage, divorce, or personal preference. However, the court will not approve a name change for fraudulent purposes, such as evading debts or criminal liabilities.

Civil Lawsuit / Breach of Contract

What is the statute of limitations for breach of contract in Delaware?

In Delaware, the statute of limitations for filing a breach of contract lawsuit typically varies based on the type of contract involved. It's important to confirm the specific time limits applicable to your case by checking with the Delaware courts or consulting legal resources.

How do I serve legal documents in a Delaware breach of contract case?

Serving legal documents in Delaware requires following the state's service of process rules, which usually include personal service by a sheriff or process server, or through certified mail in some cases. Ensure compliance by reviewing the Delaware court rules or seeking guidance from court clerks.

Can I represent myself in a Delaware breach of contract lawsuit?

Yes, individuals can represent themselves in a Delaware breach of contract lawsuit. However, self-representation requires understanding court procedures and rules. Utilizing resources like Pro-Se Pilot can help navigate the process more effectively.

Debt Collection Defense

What is the deadline to respond to a debt collection lawsuit in Delaware?

In Delaware, you typically have 20 days to respond to a debt collection lawsuit after being served with the complaint and summons. It's crucial to meet this deadline to avoid a default judgment. Always check the specific deadline on the documents you receive and confirm with the court.

Can I settle a debt collection case out of court in Delaware?

Yes, settling a debt collection case out of court is possible in Delaware. Both parties can negotiate a settlement agreement to resolve the debt, which might involve paying a reduced amount or setting up a payment plan. Ensure any agreement is documented in writing and filed with the court if necessary.

What if I can't attend the court date for my debt collection case in Delaware?

If you cannot attend a scheduled court date in Delaware, you must notify the court as soon as possible. You may request a continuance, which is a formal request to reschedule the hearing. Provide a valid reason for your absence and any supporting documentation. Approval is at the court's discretion.

Consumer Protection

How do I file a consumer protection complaint in Delaware?

To file a consumer protection complaint in Delaware, you can submit your complaint to the Delaware Department of Justice's Consumer Protection Unit. You can file online through their website or send a written complaint by mail. Ensure you include all relevant documentation and a detailed description of the issue.

What types of practices are considered unfair or deceptive in Delaware?

In Delaware, practices that are misleading, fraudulent, or deceptive can be considered unfair. This includes false advertising, misrepresentation of products or services, and failure to disclose important information. The Delaware Consumer Protection Unit investigates such practices.

Can I represent myself in a consumer protection case in Delaware?

Yes, you can represent yourself in a consumer protection case in Delaware. However, it is important to be well-prepared with all necessary documentation and to understand the court procedures. Utilizing resources like Pro-Se Pilot can help you navigate the process more effectively.

Case types in Delaware

• Divorce in Delaware
• Child Custody in Delaware
• Child Support in Delaware
• Small Claims in Delaware
• Landlord-Tenant in Delaware
• Eviction in Delaware
• Restraining Order in Delaware
• Expungement in Delaware
• Probate in Delaware
• Name Change in Delaware
• Civil Lawsuit in Delaware
• Debt Collection in Delaware
• Consumer Protection in Delaware

Pro-Se Pilot can help you act on this guidance. Start with our free case review, how Pro-Se Pilot works, and pro se help center.

Helpful court resources

• U.S. Courts — representing yourself
• Cornell Legal Information Institute — pro se
• USA.gov — state court directory