By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last updated January 09, 2023
Divorce is the way to legally end your marriage. Just as states have regulations on the marriage process, they also have legal requirements for divorce that define the procedures a person must go through in order to get divorced. While laws used to require proof that one of the spouses was at fault, all states now allow "no-fault" divorce.
This article provides a brief overview of Delaware divorce laws.
The biggest difference among state divorce laws is the concept of “fault." Delaware is a mixture of fault and "no-fault" divorce state. In a no-fault divorce, neither spouse needs to prove that the other spouse is the reason for the divorce. Instead, parties may simply cite "irreconcilable differences" or an "irreparable breakdown of the marriage" when filing for divorce and have lived apart for six (6) months.
A marriage is irretrievably broken when it is characterized by:
Even though Delaware is a "no-fault" divorce state, there are certain times when a couple may file for divorce based on fault, such as for misconduct or mental illness.
If you and your spouse have children together, you must attend a Parent Education Class. The Court will not proceed with the divorce process until all of the required certificates of completion from the Parent Education Class have been submitted to the Court. If you have children, you should enroll in the Parent Education Classes early to ensure that the divorce process is not delayed because of your failure to take the class.
The following table outlines the basics of Delaware's divorce laws. See Details on State Requirements for Divorce, Divorce and Out-of-Court Proceedings: Alternative Dispute Resolution, and An Overview of Fault and No-Fault Divorce Law to learn more.
Code Section |
Tit. 13 § 1503, et seq. of the Delaware Code |
|---|---|
Residency Requirements |
Six (6) months before commencing an action |
Waiting Period |
Decree final when entered subject to the right of appeal within 30 days |
'No-Fault' Grounds for Divorce |
Irretrievable breakdown; voluntary separation |
Defenses to a Divorce Filing |
Defenses of condonation; connivance, recrimination, insanity, and lapse of time are preserved only due to misconduct; failure of the court to have proper jurisdiction |
Other Grounds for Divorce |
Separation caused respondent's misconduct (physical, mental or psychological abuse, adultery, and desertion), or mental illness |
Note: Delaware divorce laws are constantly changing--contact a Delaware divorce lawyer or conduct your own legal research to verify the state law(s) you are researching.
If you have considered ending your marriage or are in the midst of a divorce in Delaware, you'll want to make sure you protect your interests. Even if you and your spouse are reasonably amicable, it usually makes sense for each party to have legal representation.
Learn more about your legal options and get the representation you need from an experienced Delaware divorce lawyer.
Contact a qualified attorney.
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