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When will the court proceed with my divorce?

When it comes to divorce, you may be wondering how long it will take for the courts in Delaware to start moving. The answer depends largely on your situation and if there was misconduct involved in the breakdown of the marriage. 

It is important to understand divorce laws as they apply to your situation. Keep reading for more information. 

How misconduct during marriage affects your divorce proceedings 

According to the Delaware Courts website, you and your spouse must be separated for a minimum of six months before the court will proceed with your divorce. The exception to this rule is if you are filing for divorce as a result of misconduct in the marriage from your spouse. Common examples of misconduct include the following. 

  • Physical abuse 
  • Psychological or mental abuse 
  • Your spouse abandons you  
  • Your spouse commits adultery 

Keep in mind, however, that you must prove that misconduct occurred for the courts to waive the mandatory six-month separation period. 

How having children affects your divorce proceedings 

If you and your spouse have children, you must complete a class on parenting education to move forward with your divorce. Until you submit the forms to prove that you completed the class, your divorce case will remain stagnant. If you would like to move your divorce through the courts quickly, it is best to enroll in the Parent Education Classes as soon as possible. The goal of these classes includes helping parents cope with divorce and does not focus on raising children through divorce directly. In certain situations, the court may waive the requirement for this.