Adultery Laws in Delaware Divorce Cases

Divorce can be a tumultuous journey, and one of the leading causes of divorce in Delaware is adultery. What makes Delaware unique is that it is one of the few states where adultery is not only a common reason for divorce but is also considered a criminal offense. Adultery holds significant weight in divorce cases in the state, as it can be used as grounds for divorce and as evidence in court. With its complexity and emotional impact, understanding adultery laws in Delaware is crucial for those navigating the divorce process.

Unraveling the Definition of Adultery in Delaware

To fully comprehend the implications of adultery in divorce cases, it is essential to understand how Delaware defines it. According to Delaware law, adultery is classified as voluntary sexual intercourse between a married person and someone who is not their spouse. This includes both physical intercourse and oral sex. It is important to note that adultery can only be committed by a married individual. If a person engages in sexual relations with a married individual, but they themselves are not married, it does not meet the criteria for adultery under Delaware law.

Adultery in Delaware: A Ground for Divorce

Adultery stands as one of the 13 recognized grounds for divorce in Delaware. Should a spouse choose to file for divorce based on adultery, they must present substantial evidence to substantiate their claim. Testimony from witnesses, text messages, emails, or any form of communication evidence can be submitted as evidence. However, it is worth mentioning that Delaware follows a no-fault divorce system, which means that a spouse seeking divorce does not necessarily have to prove any wrongdoing by the other party to obtain a divorce.

While Delaware operates with a no-fault system, adultery is still considered a fault-based ground for divorce. The innocent spouse may be entitled to a larger portion of the marital assets and property during the divorce settlement. Moreover, when determining alimony payments, the court may take adultery into account. However, it is important to remember that the court’s decision on asset division and alimony payments does not solely rely on the presence of adultery.

Weighing the Consequences of Committing Adultery in Delaware

As mentioned previously, adultery is deemed a criminal offense in Delaware. However, it is vital to note that criminal charges for adultery are uncommon, typically only coming into play if the other spouse pursues legal action. If someone is convicted of adultery, they may face up to a year in prison as well as a fine of up to $2,300.

Adultery can carry severe legal implications in divorce proceedings beyond property division. For instance, if adultery led to the breakdown of the marriage, the court may take it into consideration when making custody arrangements for any children involved. Additionally, should a cheating spouse have a track record of infidelity, the court may mandate counseling or therapy as part of the divorce agreement.

Establishing Adultery: The Challenging Path in Delaware

Proving adultery in Delaware can be an arduous task. The state requires corroboration of evidence, meaning there must be multiple sources of proof, making the burden of proof high. Furthermore, the evidence must be substantial enough to leave no doubt regarding the occurrence of adultery.

Some common forms of evidence include photographs, videos, emails, social media posts, and the testimony of witnesses. It is vital to highlight the importance of obtaining evidence legally. Engaging in illegal activities such as hacking into someone’s email or social media account to gather evidence is not only unethical but also against the law.

Pre-Nuptial Agreements: Mitigating the Impact of Adultery in Delaware

Pre-nuptial agreements offer a mechanism for couples to address the issue of adultery should divorce become a reality. Such agreements can specify the consequences of committing adultery, such as agreeing to surrender a certain percentage of property or assets. Additionally, they may outline the requirements for proving adultery.

If a couple does get divorced and has a pre-nuptial agreement in place, the inclusion of adultery clauses can streamline and potentially reduce the contentiousness of the divorce process.

Conclusion: Navigating the Complex Terrain of Adultery Laws in Delaware

In Delaware, adultery becomes a complex and emotional issue when it surfaces in divorce proceedings. A thorough understanding of the definition, consequences, and implications of adultery as grounds for divorce is essential. If you find yourself or know someone going through a divorce where adultery might be at play, seeking guidance from an experienced family law attorney is of utmost importance. With their expertise, you can navigate the intricate legal landscape and strive for the best possible outcome.