DE Bar Family Law 2 — Questions and Answers
Question 1: Which child support calculation method does Delaware use, making it distinct from most other states?
- The Melson Formula (Correct answer)
- The Income Shares Model
- The Percentage of Obligor Income Model
- The Flat-Rate Guideline Model
Correct 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.
Question 2: To file for divorce in Delaware, at least one spouse must have resided in the state for how long immediately before the action?
- 6 months or more (Correct answer)
- 90 days
- 1 year
- There is no residency requirement
Correct 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.
Question 3: How does Delaware treat an inheritance received by one spouse during the marriage when dividing property at divorce?
- It is marital property subject to equitable distribution (Correct answer)
- It is always the separate property of the inheriting spouse
- It is separate property unless deposited in a joint account
- It is divided equally as community property
Correct 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.
Question 4: In Delaware, for a marriage that lasted fewer than 20 years, alimony is generally limited to what duration?
- A period not exceeding 50% of the length of the marriage (Correct answer)
- A maximum of 5 years regardless of marriage length
- The full length of the marriage
- There is no durational limit on alimony
Correct 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.
Question 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?
- They are not married, because Delaware does not recognize common law marriages formed in Delaware (Correct answer)
- They are validly married by common law after 7 years of cohabitation
- They are validly married because they held themselves out as spouses
- Their marriage is voidable but not void
Correct 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.
Question 6: When determining legal custody and residence of a child, the Delaware Family Court must apply which governing standard?
- The best interests of the child under the factors in 13 Del. C. § 722 (Correct answer)
- A presumption in favor of the mother for young children
- The financial resources of each parent as the primary factor
- Automatic equal placement with both parents
Correct 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.
Question 7: On what basis will a Delaware court grant a divorce petition?
- The marriage is irretrievably broken and reconciliation is improbable (Correct answer)
- Proof of adultery or cruelty is required in all cases
- Mutual consent of both spouses is required
- Fault must be proven by clear and convincing evidence
Correct 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.
DE Bar Family Law 2
Which child support calculation method does Delaware use, making it distinct from most other states?