(a) The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. Notwithstanding the immediately preceding sentence, in addition to any other basis for jurisdiction it may otherwise have, the Family Court of this State has jurisdiction over all proceedings for divorce and annulment of same-gender marriages that are solemnized in this State or created by conversion of civil unions pursuant to the laws of this State, notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. 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.
(b) The procedure in divorce and annulment shall conform to the rules of the Court where the same do not contravene this title.
13 Del. C. 1953,
§
1501;
58 Del. Laws, c. 349,
§
1;
59 Del. Laws, c. 350,
§
1;
60 Del. Laws, c. 297,
§
3;
60 Del. Laws, c. 333,
§
2;
79 Del. Laws, c. 19,
§
7;
Notes of Decisions
Wife (J. F. v. v. Husband (O. W. v. Jr.), 402 A.2d 1202 (Del. 1979).
“13 Del.C. § 1504(a) provides: “The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a…”
Husband v. Wife, 253 A.2d 63 (Del. 1968).
· cites it 2× “If this constituted all the evidence in this case, we would be obliged to affirm the decision of the Superior Court, even if the husband’s testimony were accepted as true, because of 13 Del.C. § 1504, which provides that no decree for divorce shall be granted unless the cause is…”
Wife M v. Husband M, 346 A.2d 521 (Del. 1975).
“§ 1508 because the residence requirements for jurisdiction, 13 Del.C. § 1504(a), had not been met. 1 Plaintiff has moved to dismiss the appeal, arguing that the order below was interlocutory and not appealable.”
Daskin v. Knowles (Del. 2018).
· cites it 2× “It went further and determined that the wife had in fact met the statutory requirement.”
Nancy Goldfeder (Bankr. D. Del. 2020).
“1995) (ruling that “actual reside[ncy] satisfying the jurisdictional requirements of 13 Del.C. § 1504 has been defined to mean domicile;” but recognizing residence and domicile are not equivalent.”
Angela Okafor Carlisle v. Rone Everett (Del. Ch. 2024).
“§ 3104 (b); 13 Del. C. § 1504(a). 23 See 13 Del. C. § 1506(b)(4) (“A decree of annulment for the reason set forth in paragraph (a)(7) of this section may be sought by either party, by the legal spouse in case of bigamous, polygamous or incestuous marriages, by the appropriate…”
13 Del. C. § 1504(a): 3 cases
Wife (J. F. v. v. Husband (O. W. v. Jr.), 402 A.2d 1202 (Del. 1979).
“13 Del.C. § 1504(a) provides: “The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a…”
Wife M v. Husband M, 346 A.2d 521 (Del. 1975).
“§ 1508 because the residence requirements for jurisdiction, 13 Del.C. § 1504(a), had not been met. 1 Plaintiff has moved to dismiss the appeal, arguing that the order below was interlocutory and not appealable.”
Angela Okafor Carlisle v. Rone Everett (Del. Ch. 2024).
“§ 3104 (b); 13 Del. C. § 1504(a). 23 See 13 Del. C. § 1506(b)(4) (“A decree of annulment for the reason set forth in paragraph (a)(7) of this section may be sought by either party, by the legal spouse in case of bigamous, polygamous or incestuous marriages, by the appropriate…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.