Grounds for Divorce in Delaware

Delaware is functionally a no-fault divorce state. Every divorce here is based on one legal finding: the marriage is "irretrievably broken" and reconciliation is improbable. But you still need to choose which specific ground supports that finding — and the ground you pick affects your waiting period, evidence requirements, and whether you need a hearing.

The Four Grounds Under Delaware Law

Title 13, Chapter 15 of the Delaware Code recognizes four grounds for divorce, all framed as evidence that the marriage is irretrievably broken.

1. Voluntary Separation

The most common ground. You and your spouse separated by mutual consent or acquiescence. If your spouse later denies the separation was mutual, you need either written consent or proof that your spouse filed separate judicial proceedings based on the separation.

Waiting period: 6 months of continuous separation required before the court will grant the decree.

2. Incompatibility

Marital discord has destroyed the relationship, without assigning fault to either party. Only one spouse needs to allege incompatibility — the other doesn't have to agree.

Waiting period: 6 months of continuous separation.

This is the ground most self-represented filers choose when the separation wasn't explicitly "mutual" but both parties acknowledge the marriage is over.

3. Respondent Misconduct

Conduct so destructive that the petitioner cannot reasonably continue the marriage. Recognized forms of misconduct include:

• Adultery
• Bigamy
• Conviction of a crime carrying one or more years of incarceration
• Desertion
• Physical, mental, or psychological abuse

Waiting period: None. Filing on misconduct grounds waives the 6-month separation requirement entirely.

Trade-off: You must prove the misconduct with admissible evidence — police reports, medical records, third-party testimony — at a formal hearing before a commissioner or judge. If you fail to meet the evidentiary burden, the divorce won't be granted on this ground.

4. Respondent Mental Illness

Mental incapacity or infirmity so destructive to the marriage that the petitioner cannot reasonably continue. This ground is rarely used and requires supporting medical evidence.

Waiting period: 6 months of continuous separation.

Which Ground Should You Choose?

For most self-represented filers, incompatibility or voluntary separation is the right choice. Both are no-fault, require no evidence beyond your sworn statement, and allow you to finalize "on the papers" without a hearing.

Choose misconduct only if you need to bypass the 6-month separation period — typically in cases involving domestic violence where waiting six months creates safety risks. Be prepared for a contested hearing with evidence requirements.

The 30-Day Rule Applies Regardless of Grounds

No matter which ground you file under, the court cannot grant the divorce if you and your spouse shared a bedroom or had sexual relations within 30 days of the ruling. Brief reconciliation attempts during the separation period don't restart the 6-month clock, but the 30-day pre-ruling window is absolute.

Grounds Don't Affect Property Division

Delaware divides marital property through equitable distribution, which is based on factors like marriage length, earning capacity, and contributions — not who caused the marriage to fail. Filing on misconduct grounds does not give you a larger share of assets or guarantee an alimony award.

Choosing the Right Ground for Your Situation

The Delaware Divorce Filing Process Guide walks you through each ground with a decision tree that matches your circumstances to the right filing strategy — including when misconduct grounds are worth the evidentiary burden and when incompatibility gets you to the same result faster.

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