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Delaware Grounds for Divorce

Couples may file for Delaware divorce under either no fault or fault grounds. In a no fault divorce, a marriage is considered irretrievably broken if the couple voluntarily separates.

Any efforts made by the couple to reconcile before divorce won't interrupt any period of living separate and apart, as long as the couple hasn't occupied the same bedroom or had sexual relations within the Delaware divorce waiting period after the Delaware divorce court has heard the divorce petition.

In fault divorce, the couple may file for Delaware divorce under the following grounds:

  • Misconduct
  • Mental Illness
  • Incompatibility between the spouses

A local Delaware divorce attorney can help you prepare a divorce petition and offer legal advice when filing for divorce. Learn more about the state requirements you will need to meet during the Delaware divorce process. Call 877-349-1310 or fill out a Delaware divorce case review to find local Delaware divorce lawyers near you.

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The above synopsis of Delaware divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Delaware divorce lawyer in your area.

Delaware divorce laws were last updated July 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.