(a) The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable.
(b) A marriage is irretrievably broken where it is characterized by:
(1) Voluntary separation; or
(2) Separation caused by respondent’s misconduct; or
(3) Separation caused by respondent’s mental illness; or
(4) Separation caused by incompatibility.
(c) Previously existing defenses to divorce of condonation, connivance, recrimination, insanity and lapse of time are preserved but only with respect to marriages characterized under paragraph (b)(2) of this section.
(d) The only defense to a divorce action shall be the failure to establish either:
(1) The marriage of the parties; or
(2) Jurisdictional requirements of § 1504 of this title; or
(3) That the marriage is irretrievably broken; or
(4) A defense permitted under subsection (c) of this section because of the characterization of the marriage under paragraph (b)(2) of this section.
(e) Bona fide efforts to achieve reconciliation prior to divorce, even those that include, temporarily, sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce.
24 Del. Laws, c. 221,
§
3;
25 Del. Laws, c. 213,
§
2;
Code 1915,
§
3006;
35 Del. Laws, c. 188,
§
1;
Code 1935,
§
3499;
41 Del. Laws, c. 186,
§
1;
43 Del. Laws, c. 206,
§
1;
13 Del. C. 1953,
§
1522;
49 Del. Laws, c. 57,
§
1;
51 Del. Laws, c. 27;
56 Del. Laws, c. 296,
§§
1-3;
59 Del. Laws, c. 350,
§
1;
60 Del. Laws, c. 333,
§§
3, 4;
61 Del. Laws, c. 365,
§§
3-5;
Notes of Decisions
Cited in
5
cases, 1974–1980 · leading case:
C. v. C., 320 A.2d 717 (Del. 1974).
C. v. C., 320 A.2d 717 (Del. 1974).
· cites it 6× “See 1915 Revised Code, § 3024; 1935 Revised Code, § 3517; 13 Del.C. § 1505. Recently this section was renumbered.”
Husband v. Wife, 367 A.2d 636 (Del. 1976).
“I This is a contested action for divorce brought by the Husband under 13 Del.C. § 1505. Apparently, he is a Delaware domiciliary; his wife lives in England.”
Husband, C. v. Wife, C., 320 A.2d 717 (Del. 1974).
· cites it 6× “See 1915 Revised Code, § 3024; 1935 Revised Code, § 3517; 13 Del.C. § 1505. Recently this section was renumbered.”
Wife S. v. Husband S., 359 A.2d 664 (Del. 1976).
· cites it 2× “) appeals from a decree of the Superior Court granting her husband’s petition for divorce on grounds of voluntary separation, 13 Del.C. § 1505(a),(b)(l). 1 I The parties were married in 1943, and since 1972 their marriage has been characterized by discord.”
Marriage of E. A. S. v. E. J. S., 415 A.2d 792 (Del. Fm. Ct. 1980).
“” On November 1, 1979, the petitioner having presented sufficient evidence on all of the elements required by 13 Del.C. § 1505, Master D. Thomas Reardon entered a Final Decree of Divorce between the parties 2 .”
— 13 Del. C. § 1505(a) — 3 cases
C. v. C., 320 A.2d 717 (Del. 1974).
“See 1915 Revised Code, § 3024; 1935 Revised Code, § 3517; 13 Del.C. § 1505. Recently this section was renumbered.”
Husband, C. v. Wife, C., 320 A.2d 717 (Del. 1974).
“See 1915 Revised Code, § 3024; 1935 Revised Code, § 3517; 13 Del.C. § 1505. Recently this section was renumbered.”
Wife S. v. Husband S., 359 A.2d 664 (Del. 1976).
“) appeals from a decree of the Superior Court granting her husband’s petition for divorce on grounds of voluntary separation, 13 Del.C. § 1505(a),(b)(l). 1 I The parties were married in 1943, and since 1972 their marriage has been characterized by discord.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.