Introduction
In Delaware, the process of getting a divorce is governed by either fault-based or no-fault divorce laws. These two types of divorce have their own criteria and processes that individuals must navigate.
Fault-Based Divorce
Criteria
In a fault-based divorce, one spouse must prove that the other spouse is responsible for the breakdown of the marriage. Several grounds for fault-based divorce in Delaware include:
- Adultery
- Cruelty
- Desertion
- Drug or alcohol abuse
- Mental illness
- Incarceration
- Incompatibility with sexual and emotional needs
Process
Obtaining a fault-based divorce in Delaware can be a lengthy and complicated process. The spouse seeking divorce, known as the plaintiff, must file a complaint and serve it to the defendant. The defendant then has the opportunity to file an answer. Subsequently, the case proceeds to trial, where the plaintiff is required to present evidence substantiating the fault-based grounds. If the court rules in favor of the plaintiff, the divorce is ultimately granted.
No-Fault Divorce
Criteria
In contrast to fault-based divorce, no-fault divorce in Delaware does not require proving fault. Instead, the spouse filing for divorce must assert that there has been an "irretrievable breakdown" of the marriage.
Process
Obtaining a no-fault divorce in Delaware generally involves a simpler and less complicated process. The spouse initiating the divorce must file a petition with the court, which is then served to the other spouse. If the other spouse agrees to the divorce and the terms of the separation, the court will grant the divorce.
Pros and Cons
Fault-Based Divorce
One advantage of pursuing a fault-based divorce is the potential for a more favorable settlement. For instance, if a spouse can establish adultery, the court may award a larger share of property or alimony. However, undergoing a fault-based divorce can be emotionally taxing and financially burdensome. The process is often prolonged, requiring more evidence to be presented.
No-Fault Divorce
No-fault divorce offers a simpler, less confrontational approach to ending a marriage. It also allows both parties to maintain more control over the divorce proceedings. However, plaintiffs seeking a greater share of assets or alimony may not benefit from a no-fault divorce. Additionally, critics argue that the ease of obtaining a no-fault divorce may contribute to an increase in the number of divorces.
Conclusion
Delaware provides individuals seeking divorce with the options of fault-based and no-fault divorce. Each type of divorce has its own advantages and disadvantages, making it crucial to consider the circumstances of the specific divorce. Seeking guidance from an experienced divorce attorney is highly recommended during the decision-making process. They can provide valuable advice and assistance in navigating the complexities of Delaware’s fault and no-fault divorce laws.