{"id":372416,"date":"2016-03-31T21:34:51","date_gmt":"2016-04-01T02:34:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/delaware-law\/delaware-legal-requirements-for-divorce.html"},"modified":"2024-11-22T12:46:47","modified_gmt":"2024-11-22T17:46:47","slug":"delaware-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/delaware-law\/delaware-legal-requirements-for-divorce.html","title":{"rendered":"Delaware Divorce Laws"},"content":{"rendered":"\n
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Delaware Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Just as states regulate marriage, they also have legal requirements for divorce<\/a>. These laws define the divorce process<\/a>. They also dictate how the family court resolves issues about child custody, alimony, and marital property division<\/a>.<\/p>\r\n

Here, we will provide an overview of Delaware divorce laws.<\/p>\r\n

Legal Requirements for Divorce in Delaware<\/b><\/h2>\r\n

Delaware law requires that you meet the state’s residency requirements<\/a> before you file your petition for divorce. According to Delaware law, you (or your spouse) must live in-state for at least six months before filing your divorce papers.<\/p>\r\n

Delaware law also dictates a mandatory waiting period<\/a>. The Delaware courts can’t issue a final divorce decree for at least 30 days. The 30 days start when you file your divorce petition. The waiting period, or "cooling off" period, allows you and your spouse one final chance to reconcile. It also allows you to appeal specific terms of your final divorce.<\/p>\r\n

No-Fault Divorce vs. Fault-Based Divorce in Delaware<\/b><\/h2>\r\n

Every state recognizes no-fault divorce<\/a>. You can file a no-fault divorce case when neither party is at fault for the marriage breakdown. This is the type of divorce most people file. For the most part, pointing the finger at your spouse doesn’t affect the outcome of your divorce case. It makes negotiating a marital settlement agreement harder for you and your spouse.<\/p>\r\n

To qualify for a no-fault divorce, you must certify that you and your spouse are experiencing irreconcilable differences<\/a>. You can also certify that your marriage is irretrievably broken.<\/p>\r\n

A marriage is irretrievably broken in the following situations:<\/p>\r\n