Grounds for Divorce in Delaware

Pick grounds that support your strategy, not add friction. Most people use the no-fault option because it avoids proving misconduct and keeps the focus on solutions.

No-Fault Ground

Delaware provides a no-fault path based on an irretrievable breakdown of the marriage. This route is usually simpler because you don’t have to prove wrongdoing.

Fault Grounds

Traditional fault grounds are still available, such as adultery, desertion, cruel treatment, substance-abuse-related issues, and certain criminal convictions. Filing on a fault ground requires evidence and usually adds time and cost, so weigh the potential benefit against the delay.

Hello Divorce can prepare all your Delaware divorce forms for you with our divorce plans, whether you choose the no-fault route or a fault-based filing.

FAQs

Do I have to prove fault to get divorced in Delaware?
No. Many divorces proceed on the no-fault pathway.

Will fault change money or custody?
It can in some cases, depending on the facts and what you can prove, but courts prioritize practical outcomes and a child’s best interests.

Can I switch grounds later?
Often yes, especially early in the case. Get advice before changing course so you don’t lose momentum.