To file for a Delaware divorce, one of the parties must have been a state resident for 6 months immediately prior to filing for divorce.

Delaware Divorce Filing Requirements:

A Delaware divorce may be filed for in a county where either spouse resides. 

Delaware Divorce Grounds:

The grounds for Delaware divorce are: 

• an irretrievable breakdown of the marriage where reconciliation is improbable (a marriage is considered "irretrievably broken" when it is characterized by one of the following: 

  • voluntary separation or a separation caused by the other spouse's misconduct or mental illness, or 

  • a separation caused by incompatibility; and 

  • Separation caused by mental illness.

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