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Family Law Flashcards

7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Family Law flashcards as text

  1. Which child support calculation method does Delaware use, making it distinct from most other states?

    Answer: The Melson Formula

    Delaware uses the Melson Formula, which first reserves a self-support allowance for each parent before allocating income to child support.

  2. To file for divorce in Delaware, at least one spouse must have resided in the state for how long immediately before the action?

    Answer: 6 months or more

    Under 13 Del. C. § 1504, one party must have been a Delaware resident for six or more months before the divorce action is commenced.

  3. How does Delaware treat an inheritance received by one spouse during the marriage when dividing property at divorce?

    Answer: It is marital property subject to equitable distribution

    Unlike most states, Delaware's definition of marital property in 13 Del. C. § 1513 includes gifts and inheritances acquired during the marriage, making them subject to equitable distribution.

  4. In Delaware, for a marriage that lasted fewer than 20 years, alimony is generally limited to what duration?

    Answer: A period not exceeding 50% of the length of the marriage

    Under 13 Del. C. § 1512(d), a person is eligible for alimony for no longer than 50% of the term of the marriage unless the marriage lasted 20 years or more.

  5. Husband and Wife exchanged vows in Delaware in a private ceremony with no license, then lived together for 15 years holding themselves out as married. What is their marital status under Delaware law?

    Answer: They are not married, because Delaware does not recognize common law marriages formed in Delaware

    Delaware does not permit common law marriages to be formed within the state, although it recognizes common law marriages validly created in states that allow them.

  6. When determining legal custody and residence of a child, the Delaware Family Court must apply which governing standard?

    Answer: The best interests of the child under the factors in 13 Del. C. § 722

    Delaware custody decisions are governed by the best interests of the child, evaluated through the statutory factors listed in 13 Del. C. § 722.

  7. On what basis will a Delaware court grant a divorce petition?

    Answer: The marriage is irretrievably broken and reconciliation is improbable

    Under 13 Del. C. § 1505, Delaware grants a divorce upon finding the marriage is irretrievably broken, shown by voluntary separation, misconduct, mental illness, or incompatibility, with no reasonable prospect of reconciliation.