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How long until the divorce can be granted? The Court will not proceed with the divorce process until you and your spouse have been separated for at least 6 months, unless you are filing for divorce on the grounds of misconduct.
Adultery does not affect how alimony awards are determined in Delaware. Judges may not use any form of marital misconduct when deciding duration and amounts. Adultery may be the reason you chose to end your marriage, but you can't cite it as the reason when asking a judge to grant your divorce either.
Separation in Delaware There is no separate ?legal separation? provision in our state. However, spouses wishing to live apart but not necessarily divorce can negotiate a Separation Agreement in Delaware. Generally, in this case, spouses are in agreement regarding the ending of the marriage.
The State of Delaware recognizes no-fault divorces. Delaware permits several grounds for filing a no-fault divorce such as incompatibility between the parties, misconduct by one of the spouses, a spouse's mental illness, or voluntary separation of the parties.
In Delaware, the timing of a divorce is as follows: First there must be a separation of at least 6 months. After that, because most divorce proceedings are uncontested ? no fault ? the divorce can occur within 2-3 weeks, once jurisdictional requirements are met.
In Delaware, marital assets and property are not necessarily split evenly. Instead, assets are split equitably, which means many factors will be considered when dividing property, including each spouse's contribution to the marriage, child custody, lifestyle and the length of the marriage.
The State of Delaware recognizes no-fault divorces. Delaware permits several grounds for filing a no-fault divorce such as incompatibility between the parties, misconduct by one of the spouses, a spouse's mental illness, or voluntary separation of the parties.