Divorce in Delaware

The “Small Wonder State” of Delaware has surprising divorce laws such as a must-attend Parent Education Class before your divorce petition proceeds.

Filing for divorce in Delaware requires either spouse to have lived in the state or stationed as a member of the armed services of the U.S. for at least six months.1 Delaware courts have the power over same-sex annulments and divorces that were solemnized in the state or created by civil unions even if none is a resident of Delaware.

Delaware is a no-fault divorce state, which means that the petitioner only needs to say the marriage is irretrievably broken.2 This is the only ground for divorce in Delaware, which you can prove by showing voluntary separation, separation caused by a spouse’s misconduct (adultery, bigamy, conviction, abandonment, repeated physical abuse, habitual drunkenness), separation caused by incompatibility, and separation caused by a spouses mental illness. This separation must be six months or more.3

Delaware is an equitable division property state, and only property acquired during the marriage is subject to division following divorce. A judge will also take into account non-monetary contributions in the case.4 

113 Del. C. § 1504(a)

213 Del. C. §§ 1502(3), 1505(a)

3 13 Del. C. §§ 1503(8), 1503

413 Del.C. § 1513