Marriage, a sacred bond formed in the presence of community, family, and loved ones, doesn’t always stand the test of time, leading some couples to seek divorce. Although not an easy decision, divorce becomes even more complex when one spouse is incarcerated. If you find yourself in this situation, you may wonder if it is possible to get a divorce if your spouse is incarcerated in Delaware. This article aims to provide you with the answer to this question and shed light on related matters.
Grounds for Divorce in Delaware
In Delaware, one must prove one or more grounds for divorce to obtain a divorce. These grounds include:
- Adultery, which refers to one spouse engaging in extramarital affairs.
- Bigamy, which involves a spouse being married to someone else while being married to the petitioner.
- Desertion, where a spouse abandons the petitioner for a continuous period.
- Separation for 6 months or more, indicating an irretrievable breakdown of the marriage.
- Incompatibility, proving that the spouses have significant conflicts that cannot be resolved.
- Mental illness, demonstrating that the spouse suffers from a severe mental disorder.
- Imprisonment for more than 2 years, indicating that the incarcerated spouse has been detained for a significant duration.
Can You Get a Divorce if Your Spouse is Incarcerated in Delaware?
Indeed, it is possible to obtain a divorce in Delaware even if your spouse is incarcerated. The state recognizes imprisonment as a valid ground for divorce, eliminating the need to prove any other grounds if your spouse has been imprisoned for over two years.
Nevertheless, divorcing an incarcerated spouse often poses challenges, particularly without legal representation. Navigating the complex Delaware Court system independently can feel overwhelming. Engaging a competent and experienced lawyer can ease the divorce process, minimize stress, and boost efficiency.
Divorce Procedure for Incarcerated Spouses in Delaware
The divorce procedure remains the same for all couples in Delaware, irrespective of whether one spouse is incarcerated. However, additional procedures may come into play when dealing with an incarcerated spouse.
To commence the process, the petitioner must file a petition for divorce with the Family Court in their county of residence. Serving the petition and other relevant documents to the incarcerated spouse presents a hurdle. If personal service isn’t possible, alternative methods like certified mail can be utilized.
Once the incarcerated spouse receives the documents, they have 20 days to respond to the petition. Failure to respond may result in the court granting a divorce by default. In the event of a response, the court will schedule a hearing to address any unresolved matters, including property division, spousal support, child custody, and child support.
Conclusion
Divorce is a complex journey, and it only intensifies when one spouse is incarcerated. However, with the guidance of a competent and experienced lawyer, you can navigate the process and achieve a favorable outcome. If you are contemplating divorce while your spouse is incarcerated, seek the counsel of a reliable attorney who can protect your legal rights and provide the support you need.