Understanding the Delaware divorce causes is essential when considering ending your marriage in the First State. Delaware has specific laws governing when and how you can file for divorce, making it important to know your options before beginning the process.
In Delaware, there is only one official ground to file for divorce: proving that your marriage is irretrievably broken. This makes Delaware a no-fault divorce state, meaning you don't need to prove wrongdoing by your spouse to end your marriage.
Under 13 del.c 1503 and 13 del.c 1502, the law recognizes that a marriage is irretrievably broken when reconciliation is no longer possible. This simplified approach helps couples avoid lengthy court battles over who caused the marriage to fail.
Four Ways to Prove Your Marriage is Irretrievably Broken
Delaware law recognizes four specific situations that demonstrate your marriage is irretrievably broken:
Voluntary Separation
Voluntary separation occurs when both spouses agree to live separate and apart. This mutual decision shows that both parties recognize the marriage cannot continue.
You and your spouse don't need to live in different homes to be considered separated. You can live in the same house as long as you maintain separate bedrooms and avoid sexual relations.
Separation Caused by Your Spouse's Misconduct
When your spouse's behavior is so destructive that you cannot reasonably continue the marriage, this qualifies as misconduct-based separation. Examples of misconduct include:
- Adultery or extramarital affairs
- Physical or verbal abuse toward you or your children
- Bigamy (being married to someone else)
- Criminal conviction resulting in imprisonment for one or more years
- Desertion or abandonment of the family
- Willful refusal to perform marriage obligations
- Contracting sexually transmitted diseases
- Habitual drunkenness or drug abuse
This type of separation doesn't require the standard six-month waiting period before your divorce can be finalized.
Respondent Mental Illness
Sometimes, mental illness can create an insurmountable barrier in marriage. When your spouse's mental health condition makes it impossible to maintain a functional marriage relationship, this can serve as grounds for divorce.
The law recognizes that certain mental health conditions can fundamentally change a person's ability to participate in marriage, making separation necessary for both parties' wellbeing.
Separation Caused by Incompatibility
Incompatibility means you and your spouse simply cannot get along, but neither party is necessarily at fault. This no-fault option acknowledges that sometimes two people are fundamentally incompatible as marriage partners.
This ground covers situations where couples have irreconcilable differences that make continuing the marriage impossible, even when both spouses are good people who simply cannot make their relationship work.
Separation Requirements and Living Arrangements
Delaware requires couples to be living separate and apart for at least six months before the family court will grant a divorce. However, you can file for divorce immediately after separating - you just can't finalize it until the six-month period is complete.
Living in the Same Home While Separated
You can be legally separated while living in the same house, provided you:
- Sleep in separate bedrooms
- Avoid sexual relations with each other
- Live as separate individuals rather than as a married couple
This arrangement helps couples who cannot afford to maintain separate residences during the divorce process.
Reconciliation Attempts Don't Reset the Clock
If you and your spouse attempt reconciliation by temporarily sleeping in the same bedroom or resuming sexual relations, this won't restart your separation period. However, you must avoid sharing a bedroom or having sexual relations for at least 30 days immediately before the court hears your petition for divorce.
Filing Your Petition for Divorce
When you're ready to file for divorce, you'll need to submit a petition for divorce to the family court in your county. This document formally requests that the court dissolve your marriage based on one of the recognized Delaware divorce causes.
Required Documentation
Your divorce papers must include:
- Petition for Divorce stating your grounds
- Original or certified copy of your marriage certificate
- Request for Notice form
- Information sheet and vital statistics forms
If you have minor children, you'll also need to file an Affidavit of Children's Rights and complete a Parent Education Class before your divorce can be finalized.
Residency Requirements for Delaware Divorce
Before you can file for divorce in Delaware, either you or your spouse must meet the state's residency requirements. At least one party must have lived in Delaware for six months immediately before filing the petition for divorce.
Military personnel stationed in Delaware also qualify under these residency requirements, even if Delaware isn't their permanent home state.
Contested vs. Uncontested Divorce
Understanding whether your divorce will be contested or uncontested affects the complexity and cost of your case.
Uncontested Divorce
An uncontested divorce occurs when you and your spouse agree on all major issues, including:
- Child custody and visitation
- Child support amounts
- Property division
- Alimony or spousal support
Uncontested divorces are typically faster and less expensive since there's no need for lengthy court battles.
Contested Divorce
A contested divorce happens when spouses cannot agree on one or more major issues. These cases require more court involvement and often take longer to resolve.
Even in contested cases, you still only need to prove that your marriage is irretrievably broken - the court will handle disputes over property division, custody, and support separately.
Property Division in Delaware Divorce
Delaware follows equitable distribution principles for marital property division. This means the court will divide assets fairly, though not necessarily equally.
Marital vs. Separate Property
Marital property includes assets acquired during the marriage, regardless of whose name appears on the title. Separate property typically includes:
- Assets owned before marriage
- Inheritances received by one spouse
- Gifts given specifically to one spouse
- Property excluded by prenuptial agreement
The court considers various factors when dividing marital property, including marriage length, each spouse's financial contributions, and future earning capacity.
Fault Divorce vs. No-Fault Divorce in Delaware
While Delaware primarily operates as a no-fault divorce state, understanding the distinction helps clarify your options.
No-Fault Divorce Benefits
No-fault divorce based on irretrievably broken marriage offers several advantages:
- Faster resolution without proving wrongdoing
- Less expensive legal proceedings
- Reduced emotional stress and conflict
- Privacy protection for both parties
When Fault Still Matters
Although Delaware doesn't require fault-based grounds, spouse misconduct can still be relevant in certain situations:
- Determining alimony amounts and duration
- Child custody decisions involving abuse
- Property division when misconduct affected marital assets
Temporary Orders During Divorce Proceedings
While your divorce is pending, the court can issue temporary orders addressing immediate needs:
- Temporary child support
- Temporary alimony
- Temporary custody arrangements
- Exclusive use of the marital home
These orders help maintain stability during the divorce process and protect both parties' interests.
Timeline for Delaware Divorce
The minimum timeline for divorce in Delaware is six months due to the mandatory separation period. However, several factors can extend this timeframe:
- Whether your divorce is contested or uncontested
- Complexity of property division issues
- Child custody disputes
- Court scheduling and caseload
Uncontested divorces often conclude close to the six-month minimum, while contested cases may take a year or longer.
Working with Family Court
Delaware's Family Court system handles all divorce proceedings. These specialized courts focus exclusively on family law matters, providing judges with specific expertise in divorce and custody issues.
The court offers various resources for self-represented parties, including forms, instructions, and informational materials to help navigate the process.
Getting Legal Help
While you can represent yourself in divorce proceedings, having an experienced attorney can be valuable, especially when dealing with:
- Complex property division
- Business ownership issues
- High-conflict custody situations
- Significant financial assets
Many attorneys offer consultation services to help you understand your options and rights under Delaware law.
Whether you pursue voluntary separation, cite spouse misconduct, point to mental illness, or claim incompatibility, the key is demonstrating that your marriage cannot be saved. With proper preparation and understanding of Delaware's requirements, you can navigate the divorce process more confidently and efficiently.
Remember that every divorce situation is unique, and what works for one couple may not be appropriate for another. Consider consulting with a qualified family law attorney to ensure you understand your rights and options under Delaware divorce law.