How can I file a divorce with fault in Delaware?

Delaware is a no fault divorce state and it is not possible to file a Delaware fault divorce. This means if you wish to end your marriage, in Delaware, you will need to comply with the no fault grounds for divorce. 

The no fault grounds for divorce in Delaware mandate that you prove that your marriage has been broken beyond repair. There are four elements that you may use to establish these grounds for a no fault divorce:

• That you separated voluntarily
• That you separated because of the defendant's actions or conduct
• That you separated because the defendant was found to be mentally ill
• That you separated because you were not compatible with each other

Further, you need to have been separated for at least 6 months prior to the divorce. if, during the separation period, you attempted to reconcile and either lived together briefly or engaged in intercourse, this will not disqualify the divorce as long as it did not happen within the 30 days immediately before your filing the papers. 

Once you have fulfilled the requirement of six months of separation, you may file the papers in order to begin the process of ending your marriage. You also must meet a residency requirement, however, in order for the court to approve the divorce. Under the Delaware residency requirement, you must have lived within the state for at least 6 months before filing the divorce papers.

If you wish to file a divorce in Delaware, you should strongly consider speaking with a lawyer who can assist you in fulfilling these requirements and ending your marriage as quickly as possible.