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Grounds for Divorce: Delaware

Each state has unique grounds in which a divorce may be granted by the court. When choosing the grounds for your divorce, you should always remember that you must have sufficient proof to the court that your marital situation warrants a divorce by the grounds you are requesting the divorce to be granted.

Grounds for Filing: The Petition for Divorce must declare the appropriate Delaware grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

The marriage is irretrievably broken and that reconciliation is improbable.

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.

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 or had sexual relations with each other within the 30-day period immediately preceding the filing date. (Delaware Code - Title 13 - Chapters: 1505)

If you do not fall under any of the above mentioned grounds for divorce/dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

Related Divorce Resources:

- Start Your Delaware Divorce Today (5 Great Options!)
- Locate a Delaware Divorce Professional Near You
- Read More About Delaware Divorce Laws

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Delaware Divorce Source


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