Delaware Grounds for Divorce

The Petition for Divorce is the initial document filed with the Delaware court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

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

A marriage is considered irretrievably broken by: (1) Voluntary separation by the parties; or (2) Separation caused by respondentís misconduct; or (3) Separation caused by respondentís mental illness; or (4) Separation caused by incompatibility between the parties.

Any effort smade to achieve reconciliation prior to divorce, even those that include 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 day the Court hears the petition for divorce. (Delaware Code - Title 13 - Chapters: 1505)

Every divorce case that is filed in the state of Delaware must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Delaware grounds, visit the Delaware state statutes located at: