Who may file for Divorce or Annulment?
In order to file for divorce or annulment in the State of Delaware, either you or your spouse must have resided (lived) in Delaware for at least 6 months OR have been stationed in Delaware as a member of the military for at least 6 months prior to filing the petition. Furthermore, before you file for divorce, you and your spouse must be legally separated. Under Delaware law, in order to be legally separated, you and your spouse must not share the same bedroom or have sexual relations with one another, except for attempts at reconciliation. You can still be separated if you live in the same house so long as you do not share the same bedroom with your spouse of have sexual relations with your spouse. How long until the divorce can be granted? The Court will not proceed with the divorce process until you and your spouse have been separated for at least 6 months, unless you are filing for divorce on the grounds of misconduct. Some of the grounds of misconduct include: physical, mental or p
