Divorce in Delaware
State-specific overview · Family Law
Delaware offers both no-fault divorce and a 6-month separation option without court involvement.
How Delaware treats Divorce
Delaware allows no-fault divorce based on irreconcilable differences, or alternatively, spouses can divorce by mutual consent after a 6-month separation without proving grounds. If both parties agree on all issues, they can file a joint petition and obtain a divorce more quickly. Delaware also recognizes fault grounds including adultery and cruelty. The state uses equitable distribution to divide marital property, considering factors like each spouse's contribution to the marriage.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.