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Delaware Legal Separation
Legal Separation in Delaware

There is no legal provision for a legal separation in Delaware. In Delaware, separation law is a part of the Delaware Divorce and Annulment Act, which provides an amicable settlement of disputes, awards appropriate spousal support and ultimately dissolves marriages.

Delaware defines separation as living separately for six or more months before the filing for divorce.

Delaware permits spouses to live under the same roof during a separation as long as they occupy separate bedrooms and do not have a sexual relationship.

Voluntary separation is another term for mutual separation. If the person being served with this paperwork denies that the separation is voluntary, then consent must be verified.

Couples in agreement about the terms and conditions of the divorce can give the Delaware court jurisdiction over the separation by filing a Separation Agreement form. This is optional. Both parties must sign the Separation Agreement in the presence of a notary. In this routine, both spouse decide the division of their assets and liabilities.

Spouses must be separated for six months before filing for a divorce.

Separation Agreement

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own.


In Delaware, the only ground for divorce is irretrievable breakdown of the marriage relationship based on a separation by mutual consent; or a separation due to misconduct, such as physical, mental or emotional abuse, infidelity, abandonment, alcohol or substance abuse, imprisonment for more than 1 year; or a separation due to mental disorder; or a separation due to incompatibility, without regard to the fault of either party.


To file for a divorce in Delaware, a party must reside in the state, or be stationed on a military base in Delaware, for six months prior to filing the divorce petition.

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