Delaware Divorce Laws
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The following is a summary of Delaware divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Delaware Code and/or consult with an attorney about how the law might apply to your particular situation.

Grounds for Divorce.
A divorce can be granted in Delaware whenever the court finds that the marriage is irretrievably broken and that reconciliation is improbable. A marriage is irretrievably broken where it is characterized by:

(1) Voluntary separation; or

(2) Separation caused by respondent's misconduct; or

(3) Separation caused by respondent's mental illness; or

(4) Separation caused by incompatibility.

(e) Bona fide efforts to achieve reconciliation prior to divorce, even those that include, temporarily, sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce. A petition for divorce may be filed at any time following the separation of the parties if the residency requirements have been satisfied, although the divorce can't be finalized until after the parties have been separated for at least 6 months. (1507)

-From § 1505 of the Delaware Code.

 

Residency Laws.
A divorce can be granted when either party, at the time the divorce papers are filed, actually resided in Delaware, or was stationed in Delaware as a member of the armed services of the United States, continuously for at least 6 months immediately preceding the filing of the divorce papers.

-From § 1504 of the Delaware Code.

 

Where to File Divorce.
The divorce papers can be filed in the county where either spouse resides.

-From § 1507 of the Delaware Code.

 

Final Hearing.
If the divorce is uncontested, the respondent doesn't usually need to attend the final hearing. The petitioner will be the only one required to testify at the final hearing. However, if the petitioner's testimony fails to support the petition in any essential respect, the Court may deny the petition or require corroborating testimony or other evidence.

--From § 1517 of the Delaware Code.

 

Additional Information.
In any divorce case where the parties have children under 18, they must attend a "Parenting Education Course." If the parties file a motion and the Court determines that the parties' motion is sufficient, the court can waive attendance in the course. The "Parenting Education Course" will be 4 hours long, and will consist of at least the following topics:

(1) Information on the developmental stages of children;

(2) Adjustment of children to parental separation;

(3) Dispute resolution and conflict management;

(4) Guidelines for visitation;

(5) Stress reduction in children; and

(6) Cooperative parenting.

A party with a history of domestic violence will be ordered to participate in a separate and more intensive course which will include education regarding domestic violence, its prevention and its effect upon children, in addition to the topics listed above. Parties don't have to attend the same course.

-From § 1507 of the Delaware Code.

 

Learn more about the divorce procedure.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on Delaware divorce laws:
General Delaware Divorce Laws
Alimony Divorce Laws in Delaware
Delaware Child Custody Laws
Delaware Child Support Laws
Delaware Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Delaware statutes. You can find the full-text version of these and other Delaware divorce statutes online here: Delaware Divorce Laws.