2012 Delaware Code
Title 13 - Domestic Relations
CHAPTER 15. DIVORCE AND ANNULMENT
§ 1517. Contested and noncontested petitions; opportunity for counseling; review of record; disposition of prayers for relief.

(a) Whenever the petition for divorce or annulment is not contested by respondent, the allegations thereof are presumed to be accurate and true, and the Court shall rule upon the petition either after a hearing at which only petitioner need testify, or without a hearing after the submission of a request for finalization and affidavit which reaffirms the petition and verifies service of process and military status of the respondent. If petitioner's testimony or the affidavit fails to support the petition in any essential respect, the Court may deny the petition or require corroborating testimony or other evidence before ruling thereon.

(b) In contested cases, after a hearing the Court shall:

(1) Rule upon the petition; or

(2) Continue the matter with the consent of both parties for further hearing not more than 60 days later so that the parties may seek counseling, either with a qualified private counselor or an accredited counseling agency, public or private. 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.

(c) Before entering a decree the Court shall review the record to determine that:

(1) The averments of the petition satisfy § 1504(a), § 1505 or § 1506, and § 1507 of this title;

(2) Jurisdiction has been acquired over respondent under § 1508 of this title;

(3) In uncontested cases, whether the time for respondent to file a responsive pleading has expired;

(4) The parties to a divorce proceeding have continued to be separated since the commencement of this action, except as § 1505(e) of this title may apply;

(5) A certified copy of the parties' marriage record has been filed; and

(6) The affidavit of nonmilitary service, wherever required by federal statute, has been filed.

(d) Where either party has requested property disposition, alimony or other relief provided for in this title, and a decree of divorce or annulment shall be entered, or if such a decree is refused and, nevertheless, the Court deems it appropriate to enter an order concerning some or all of the relief requested, the Court shall finally determine such requests for relief.

59 Del. Laws, c. 350, § 1; 61 Del. Laws, c. 365, §§ 15-17; 74 Del. Laws, c. 254, § 1.;