Getting Divorced
13 Del. C. § 1505 — 6 months of residence, a marriage irretrievably broken, and usually 6 months apart
The Family Court hears a divorce where either spouse actually lived in Delaware, or was stationed there in the armed services, continuously for 6 or more months before the case began.
- Voluntary separation.
- Separation caused by the other spouse's misconduct, which needs no waiting period.
- Separation caused by the other spouse's mental illness.
- Separation caused by incompatibility.
The Court grants the divorce when it finds the marriage irretrievably broken and reconciliation improbable. Separation means living apart for 6 or more months before the ruling, and it can happen under one roof in separate bedrooms. Trying to reconcile does not restart the clock, unless the spouses shared a bedroom within 30 days of the hearing.
Alimony. A dependent spouse may receive interim alimony while the case is pending. Alimony lasts no longer than 50% of the length of the marriage, except after a marriage of 20 years or more, which has no time limit.
A particular divorce is a question for a licensed Delaware attorney.
Sources for this section (4)
- 13 Del. C. § 1504 — Jurisdiction; residence; procedure
- 13 Del. C. § 1505 — Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation
- 13 Del. C. § 1503 — Definitions
- 13 Del. C. § 1512 — Alimony in divorce and annulment actions; award; limitations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Delaware attorney.