Over the last decade, Delaware has made considerable strides in modernizing its laws. In particular, advancements have been made in the areas of divorce and medical marijuana (MMJ). Though seemingly unrelated at first glance, recent legal amendments have had an impact on both fields. This article aims to explore Delaware’s divorce and MMJ laws in detail, shedding light on recent changes.
Divorce in Delaware: A Unique Approach
Delaware distinguishes itself from other states by adopting a distinctive approach to divorce. The state’s law mandates that spouses must have been living apart for a minimum of six months before filing for divorce. Moreover, Delaware allows for a "no-fault" divorce, eliminating the need for either spouse to prove the other’s fault in the demise of the marriage.
Grounds for Divorce
Delaware recognizes several grounds for divorce, including:
- Adultery
- Desertion
- Separation for six months
- Incompatibility
- Unreasonable behavior
However, since Delaware adopts a no-fault divorce system, couples are not obliged to cite wrongdoing or apportion blame for the breakdown of the marriage.
Division of Property
In Delaware, the court distributes marital assets based on what is deemed fair and equitable. Assets subject to division encompass physical properties such as houses, cars, and furniture, as well as financial resources like retirement accounts and investments. The court takes numerous factors into consideration when dividing property, including the duration of the marriage, financial situations of both spouses, and contributions made by each party during the union.
Spousal Support (Alimony)
Delaware courts exercise their discretion in awarding spousal support, or alimony, on a case-by-case basis. The goal is to assist the spouse with lower income or earning potential in maintaining their standard of living post-divorce. Factors influencing the court’s decision may include the income, employment history, and earning potential of each spouse.
Medical Marijuana in Delaware: A Legislative Breakthrough
In 2011, Delaware made significant strides by legalizing medical marijuana. This pivotal moment was marked by Governor Jack Markell’s signing of Senate Bill 17 into law, which established a comprehensive regulatory framework for the production, distribution, and use of medical marijuana within the state.
Qualifying Medical Conditions
Delaware law allows patients to qualify for medical marijuana if they have been diagnosed with one of the following conditions:
- Cancer
- HIV/AIDS
- Multiple Sclerosis
- Alzheimer’s Disease
- Post-Traumatic Stress Disorder (PTSD)
- Intractable epilepsy
- Glaucoma
- Chronic debilitating pain
- Chronic debilitating nausea
- Anorexia
Accessing Medical Marijuana
Patients diagnosed with qualifying medical conditions can register with the Delaware Department of Health and Social Services (DHSS) to obtain a medical marijuana card. Once approved, they can purchase medical marijuana from state-licensed dispensaries.
Changes to Delaware’s MMJ Laws
Delaware’s medical marijuana landscape experienced notable changes through the enactment of House Bill 374 in 2018. This legislative reform comprised various amendments to the state’s existing medical marijuana laws. One significant change was the inclusion of anxiety as a qualifying medical condition. Additionally, the legislation expanded the range of medical professionals authorized to certify patients for medical marijuana, now encompassing physician assistants and nurse practitioners.
Divorce and MMJ: Intersection of Legal Fields
Delaware’s legalization of medical marijuana has reverberated within the realm of divorce law. In 2018, the Delaware Family Court made a crucial decision concerning a divorced couple and their medical marijuana usage. The court faced the question of whether medical marijuana usage should factor into the division of marital property. Ultimately, the court ruled that since medical marijuana is legally regulated in Delaware and prescribed by medical professionals, it should be treated no differently than any other medication. Consequently, the use of medical marijuana was not taken into account when dividing the couple’s assets.
Reminding readers that this ruling is specific to the context of Delaware and might not be applicable elsewhere, it is essential to note that its scope is limited to the division of marital property. Other aspects of a divorce case, such as custody or visitation, might not be affected.
Conclusion: Navigating the Dynamic Landscape
Delaware’s divorce and MMJ laws remain subject to continuous evolution. Staying abreast of changes that might impact an individual’s unique circumstances is of paramount importance. Whether someone is undergoing a divorce or seeking medical marijuana treatment, understanding their rights and options within Delaware’s legal framework is essential for making informed decisions. Engaging an experienced attorney who can provide guidance and support throughout the process is always advisable.