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Divorce - Laws
Delaware


Delaware


Grounds for Divorce in Delaware:

A. The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable.

B. 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.

C. Previously existing defenses to divorce of condonation, connivance, recrimination, insanity and lapse of time are preserved but only with respect to marriages characterized under subsection (b)(2) of this section.

D. The only defense to a divorce action shall be the failure to establish either:

1. The marriage of the parties; or

2. Jurisdictional requirements of § 1504 of this title; or

3. That the marriage is irretrievably broken; or

4. A defense permitted under subsection (c) of this section because of the characterization of the marriage under subsection (b)(2) of this section.

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


If you think you might have a Divorce case, Contact our Divorce Lawyers Immediately for Help.


Divorce Resource Center

  • Making the Decision
    Weighing the possible impact of divorce and exploring alternatives to divorce.
  • Understanding the Process
     The family court process, key decisions to resolve, alternative dispute resolution, and more.
  • Property Issues
    Division of property and assets, and the impact on spefics like the family home, pensions, and insurance policies.

     

  • Parenting After Divorce
    Tips for divorcing parents in relation to their children and children's reactions to divorce. 
  • Spousal Support - Alimony
    Types of spousal support, eligibility, and calculating the amount of support.
  • Laws
    Divorce and child custody laws in all 50 states.
  • International Divorce Law
    An overview of the laws concerning international divorce.






  • Find an Divorce Attorney

    We offer many ways to find Divorce lawyers in order to best match up our lawyers with prospective clients. Detailed Divorcelawyer videos help you learn more about different attorneys and their Divorce practices.

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    August 30, 2008
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