Divorce in Delaware

​​    Delaware is a "no fault state" meaning that a spouse can obtain a divorce without proving the spouse is at fault for the end of the marriage.  The typical grounds is incompatibility which merely means that the parties cannot live together because of differences. Now while Delaware requires a six month separation period, a divorce petition can be filed before the separation period has concluded. Also, the parties can be separated if they are living in separate bedrooms of the same residence.

Now while perhaps it seems unfair. But just because one party does not want the divorce, it does not mean that you can stall a divorce forever. While you can claim that you are not incompatible and sometimes require that the other party prove incompatibility in a hearing, this is not difficult to prove and may be an unnecessary expense both in terms of your legal fees and  more important emotionally.  For the extra few months of time that it will take for the hearing, the legal cost and emotional cost is rarely justified. 

  You need to focus on what you can control. You have to determine whether you wish to raise the issues of Delaware Property Division or Delaware Alimony before you are divorced. Now Delaware Property Division or Delaware Alimony can always be preserved in your initial  Delaware divorce petition or  in a timely answer to divorce filed with the Delaware courts However, to file a timely answer to a Divorce Petition, you need to filed within twenty (20) days of service of the Delaware divorce petition. 

For this reason I recommend that you speak to an attorney immediately if you are served with a divorce petition and if a divorce petition filed in New Castle County, contact me.