Yes, Delaware is a no-fault divorce state, which means you do not have to place blame on one party by the other party to get the divorce. There are still fault grounds for a divorce, but no-fault divorces are that there’s incompatibility and a voluntary separation. Once you’ve established that, and ordinarily the other party will agree that’s the case, you’ve satisfied the requirements to obtain a divorce in Delaware.
There are still fault grounds. The problem with a fault ground is that you have to prove it. Fault grounds, and some people when they hear this are quite surprised, could be intoxication, physical abuse, mental abuse, insanity, or drug abuse. What you have to do is prove those particular allegations occurred, whichever they are, and that it was the fault of the other party that they were doing that. Therefore, they were not completing their responsibilities as a spouse in the marriage. That gets a lot harder to do and is something that most people should avoid by simply going through no-fault.
The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced divorce attorneys in the state of Delaware. Please contact the office for a free initial consultation and get any questions answered.