No-fault divorces are generally the standard in Delaware. Spouses don’t want to waste time and money gathering evidence of misconduct and litigating about marital behavior. They simply want to dissolve their legal connections and move on with their lives. A no-fault divorce has the potential to be faster and more cost-effective than a fault-based filing.
What must spouses do to be eligible for a no-fault divorce?
No evidence is necessary for a no-fault divorce
Those pursuing a fault-based divorce need evidence of adultery, desertion or cruelty. They can also file for divorce following a spouse’s felony conviction. No-fault divorce requires that one spouse assert under oath that there has been an irreparable breakdown of the marital relationship.
The spouses have different values or have engaged in misconduct that has damaged the marital connection beyond the point of repair. Neither spouse needs to present any evidence to affirm that they qualify for a no-fault divorce.
Even if the responding spouse does not agree that the marital relationship is beyond saving, they generally cannot contest their spouse’s eligibility for filing. Either spouse can initiate a no-fault divorce without the support of the other.
Those hoping to control the timeline and cost of their divorces may want to take things a step further. They can settle matters outside of court and pursue an uncontested no-fault divorce where they set all of their own terms with their spouses.
No-fault divorces are popular because they are often less contentious and expensive than fault-based divorces. Learning more about the rules that govern divorce proceedings can help people choose the best options given their circumstances.
