Back to Delaware overview
- Delaware Code (select sections)
- Title 10. Courts and Judicial Procedures
- Part 1. Organization, Powers, Jurisdiction and Operation of Courts
- Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE
- Subchapter I. Organization, Administration and Operation
- Subchapter II. Jurisdiction and Powers
- Subchapter III. Procedure
- Part C. Adult Proceedings
- Part D. Protection From Abuse Proceedings.
- Part E. Interstate Enforcement of Domestic Violence Protection Orders
- Title 11. Crimes and Criminal Procedure
- Part I. Delaware Criminal Code
- Chapter 2. GENERAL PROVISIONS CONCERNING OFFENSES
- Chapter 5. SPECIFIC OFFENSES
- Subchapter II. Offenses Against the Person
- Subpart A. Assaults and Related Offenses
- Subpart D. Sexual Offenses
- Subpart E. Kidnapping and Related Offenses
- Subpart F. Coercion
- Subchapter III. Offenses Involving Property
- Subpart B. Criminal Trespass and Burglary
- Subchapter VII. Offenses Against Public Health, Order and Decency
- Subpart A. Riot, Disorderly Conduct and Related Offenses
- Subpart E. Offenses Involving Deadly Weapons and Dangerous Instruments
- Title 13. Domestic Relations
- Chapter 1. MARRIAGE
- Chapter 5. DESERTION AND SUPPORT
- Subchapter I. Duty to Support
- Chapter 7. PARENTS AND CHILDREN
- Subchapter I. General Provisions
- Subchapter II. Custody Proceedings
- Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT
- Subchapter I. Child Protection from Domestic Violence Act
- Chapter 8. UNIFORM PARENTAGE ACT
- Subchapter II. Parent-Child Relationship
- Chapter 15. DIVORCE AND ANNULMENT
- CHAPTER 19. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
- Subchapter II. Jurisdiction
- Chapter 23. GUARDIANSHIP OF A CHILD
- Subchapter I. Definitions and Jurisdiction
- Subchapter II. General Procedures for Appointment of Guardians
- Subchapter III. Guardian of the Child
- Subchapter V. Permanent Guardianships for Children
- Chapter 24. THIRD PARTY VISITATION
- Subchapter I. General Provisions
- Subchapter II. Third Party Visitation Proceedings
- Chapter 25. DSCYF CUSTODY
- Subchapter II. Dscyf Custody Proceedings
Chapter 15. DIVORCE AND ANNULMENT
For purposes of this chapter, unless the context indicates differently:
(1) “Actually resided” means was domiciled.
(2) “Commencement of the action” means the time of filing the petition.
(3) “Court” means Family Court of the State.
(4) “Incompatibility” means marital rift or discord that has destroyed the marriage relation, without regard to the fault of either party.
(5) “Mental illness” means mental incapacity or infirmity so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation.
(6) “Misconduct” means conduct so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation; and “misconduct” includes, as examples, adultery, bigamy, conviction of a crime the sentence for which might be incarceration for 1 or more years, repeated physical or oral abuse directed against petitioner or children living in the home, desertion, homosexuality, lesbianism, wilful refusal to perform marriage obligations, contracting venereal disease, habitual intemperance, habitual use of illegal drugs or other incapacitating substances and/or other serious offenses destructive of the marriage relation.
(7) “Separation” means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage characterized under § 1505(b)(2) of this title; and separation may commence and/or continue while the parties reside under the same roof, provided, during such period, the parties occupy separate bedrooms and do not have sexual relations with each other, except as § 1505(e) of this title may apply.
(8) “Voluntary separation” means separation by mutual consent or acquiescence; but if respondent denies that the separation was voluntary then mutual consent or acquiescence must be established either by written agreement of the parties or by proof of institution by respondent of separate judicial proceedings premised upon respondent's consent to or acquiescence in the separation.
59 Laws 1974, ch. 350, § 1; 60 Laws 1975, ch. 297, §§ 1, 2; 60 Laws 1976, ch. 331, § 1; 60 Laws 1976, ch. 333, § 1; 61 Laws 1978, ch. 365, §§ 1, 2.