No-Fault Divorce in Delaware
State-specific overview · Family Law
Delaware grants no-fault divorce based on irretrievable breakdown with no mandatory waiting period.
How Delaware treats No-Fault Divorce
Delaware allows either spouse to file for divorce on the ground of irretrievable breakdown without proving wrongdoing. The state does not require a mandatory waiting period between filing and final judgment, allowing the process to move forward relatively quickly. Delaware courts focus on the breakdown of the marital relationship rather than assigning blame. This no-fault option coexists with traditional fault grounds, but most divorces proceed under the irretrievable breakdown standard.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault 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.