Grounds for Divorce
Delaware is a mixed state, meaning that spouses may file for divorce based on fault or no-fault grounds.
No-fault grounds for divorce imply that no party is to blame, and therefore, no proof of guilt is required. The couple only needs to declare that the marriage is irretrievably broken, and the spouses are not able to live together as a couple. Marriage is considered to be irretrievably broken when:
- Spouses voluntarily separated.
- Separation is a consequence of the respondent's misconduct.
- Separation is a consequence of the respondent's mental illness.
- Separation is a consequence of the incompatibility of the spouses.
Fault-based grounds, which must be proven to the court with clear evidence, include physical or psychological abuse, adultery, and willful desertion.