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Delaware Legal Requirements for Divorce


Explanation of Chart and More Information on Requirements for Divorce

Code SectionTit. 13 §§1503, et seq.
Residency RequirementsAction brought where either party is a resident for 6 months or longer.
Waiting PeriodDecree final when entered subject to right of appeal within 30 days.
'No Fault' Grounds for DivorceIrretrievable breakdown; voluntary separation.
Defenses to a Divorce FilingDefenses of condonation; connivance, recrimination, insanity and lapse of time are preserved only for a marriage that is separated and the separation caused by misconduct; respondent's failure of jurisdictional/residential requirements.
Other Grounds for DivorceSeparation caused respondent's misconduct, mental illness or incompatibility.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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