Just like physical cheating, cyber cheating can also cause significant emotional damage for a spouse. Discovery of such affairs often leads to difficult decisions. But the important question is whether it’s a solid ground to file for divorce in Delaware or not.
Can it be considered adultery?
Adultery requires physical, consensual sexual intercourse between a married person and somebody who is not their spouse. Cyber cheating might include sexting, emotional affairs or the use of dating apps. While cyber cheating may not be adultery in the eyes of law, it can still be considered as a betrayal of trust, rendering a marriage irretrievably broken. Therefore, it is important to understand how Delaware law approaches divorce.
What are the common grounds for divorce?
Delaware is a no-fault-divorce state, meaning you do not have to prove wrongdoing by your spouse to end the marriage. The only official ground for divorce is proving that your marriage is irretrievably broken. Here are the four ways to prove your marriage is irretrievably broken:
- Voluntary separation: Mutual decision of both spouses to live separately and apart. This shows both parties agree that the marriage cannot continue.
- Incompatibility: The spouses can no longer maintain a functional marital relationship due to ongoing conflict or differences, regardless of anyone’s fault. Cyber cheating frequently falls under this category, as online affairs often create deep marital rifts.
- Spouse’s misconduct: Destructive behavior of a spouse in marriage that makes it impossible to continue. Even without physical contact, digital infidelity could be argued as spousal misconduct if online behavior is emotionally destructive to the other spouse.
- Spouse’s mental illness: Separation resulted from a spouse being confined to a mental institution for at least three years. The law recognizes that certain long-term mental conditions might affect a couple’s ability to continue the marriage.
Under Delaware law, couples should live separately and apart from each other for at least six months before the family court grants a divorce. However, you can still file for divorce immediately after separating.
Digital infidelity and divorce
Online cheating is a painful sense of betrayal that most people struggle to come to terms with. While digital relationships may not classify as traditional adultery in Delaware, their destructive impact can fall under the umbrellas of incompatibility and spousal misconduct. If you are someone who is going through a similar situation, seeking the advice of an experienced legal professional could help you understand your legal options moving forward.
