Del. C. » Title 13 — · CHAPTER 15. Divorce and Annulment · Domestic Relations
Delaware Code

13 Del. C. § 1522 (2026)

Procedural rights

✓ current as of May 2026
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(a) All parties to any of the proceedings brought pursuant to this chapter shall possess all the procedural rights which those parties would have heretofore possessed in any of the proceedings brought pursuant to this chapter in the Superior Court of this State including but not limited to the following:

(1) Right to institute and retain complete control of the suit;

(2) Right to select counsel;

(3) Right to appeal to the Supreme Court of this State on the record from interlocutory or final orders for judgment; such appeal shall be in the form and manner provided by the rules of the Supreme Court.

(b) A complete record shall be made of all proceedings in which testimony is taken under this section by a court stenographer, tape recorder or other device which method shall be at the discretion of the Court.

60 Del. Laws, c. 297, §  13;  67 Del. Laws, c. 151, §  1; 
Notes of Decisions
Cited in 36 cases, 1959–1976 · leading case: Husband v. Wife, 367 A.2d 636 (Del. 1976).
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Husband v. Wife, 367 A.2d 636 (Del. 1976). · cites it 2× “13 Del.C. § 1522. II The Husband argues that by virtue of the provisions of 13 Del.”
Glisson v. Glisson, 237 A.2d 393 (Del. 1967). · cites it 7× “The divorce was sought under 13 Del.C. § 1522(10), which reads as follows : “§ 1522.”
Reynolds v. Reynolds, 237 A.2d 708 (Del. 1967). “* 13 Del.C. § 1522(4) provides: “§ 1522. Grounds for divorce from the bonds of matrimony “The causes for divorce from the bonds of matrimony shall be— “(4) Extreme cruelty, on the part of either husband or wife, such as to endanger the life or health of the other party or to…”
Heckman v. Heckman, 245 A.2d 550 (Del. 1968). · cites it 2× “The action is based upon voluntary separation under 13 Del.C. § 1522(11), as follows: “The causes for divorce from the bonds of matrimony shall be * * * (11) When husband and wife have voluntarily lived separate and apart, without any cohabitation for three consecutive years…”
Buonassisi v. Buonassisi, 267 A.2d 888 (Del. 1970). · cites it 4× “2d 744 (1959) wherein the Superior Court held that there was no element of § 1531 “aggression” in the divorce ground of voluntary separation under 13 Del.C. § 1522(11). 3 The two situations are clearly distinguishable: in voluntary separation cases, the Trial Court need consider…”
Tyndall v. Tyndall, 238 A.2d 343 (Del. 1968). “Accordingly, we hold that the defense of justification is not available to the husband in the instant case.”
Owens v. Owens, 149 A.2d 320 (Del. 1959). “In 1957 the General Assembly amended 13 Del.C. § 1522 by the addition of a further ground for divorce consisting of living separate and apart for three consecutive years without any reasonable expectation of reconciliation.”
Wife v. v. Husband v., 291 A.2d 277 (Del. 1972). · cites it 2× “I In 1957 the General Assembly amended 13 Del.C. § 1522 by adding subsection (11) as a cause of divorce from the bonds of matrimony; it provided for divorce “When husband and wife have voluntarily lived separate and apart, without any cohabitation for three consecutive years…”
Husband B. v. Wife B., 295 A.2d 701 (Del. 1972). “WOLCOTT, Chief Justice: This is an appeal from an award of alimony and counsel fees by the Superior Court in an uncontested divorce action in which the ground for divorce asserted was incompatibility under 13 Del.C. § 1522(12). While the wife, the appellee, did not contest the…”
T. v. T., 314 A.2d 176 (Del. 1973). · cites it 2× “The Superior Court Judge found the couple to be incompatible, but denied the decree because he concluded that the rift and discord between *177 the parties were not produced by reciprocal conflict of personalities, within the meaning of 13 Del.C. § 1522(12). I The couple was…”
J. a. D. v. P. L. D., 259 A.2d 381 (Del. 1969). “This is an appeal by the defendant husband from a judgment of divorce granted on the ground of incompatibility pursuant to 13 Del.C. § 1522(12). The sole contention of the husband is that the evidence did not justify the finding of incompatibility.”
Doran v. Doran, 245 A.2d 434 (Del. Super. Ct. 1968). · cites it 2× “” (13 Del.C. § 1522 [12]). The testimony taken at trial of this action indicates that the parties were married in 1954.”
Show all 36 citing cases →
— 13 Del. C. § 1522(10) — 1 case
Glisson v. Glisson, 237 A.2d 393 (Del. 1967). “The divorce was sought under 13 Del.C. § 1522(10), which reads as follows : “§ 1522.”
— 13 Del. C. § 1522(11) — 6 cases
Heckman v. Heckman, 245 A.2d 550 (Del. 1968). “The action is based upon voluntary separation under 13 Del.C. § 1522(11), as follows: “The causes for divorce from the bonds of matrimony shall be * * * (11) When husband and wife have voluntarily lived separate and apart, without any cohabitation for three consecutive years…”
Buonassisi v. Buonassisi, 267 A.2d 888 (Del. 1970). “2d 744 (1959) wherein the Superior Court held that there was no element of § 1531 “aggression” in the divorce ground of voluntary separation under 13 Del.C. § 1522(11). 3 The two situations are clearly distinguishable: in voluntary separation cases, the Trial Court need consider…”
Wife v. v. Husband v., 291 A.2d 277 (Del. 1972). “I In 1957 the General Assembly amended 13 Del.C. § 1522 by adding subsection (11) as a cause of divorce from the bonds of matrimony; it provided for divorce “When husband and wife have voluntarily lived separate and apart, without any cohabitation for three consecutive years…”
Wife T v. Husband T, 349 A.2d 864 (Del. 1975).
Buchanan v. Buchanan, 229 A.2d 832 (Del. 1967).
— 13 Del. C. § 1522(12) — 18 cases
Buonassisi v. Buonassisi, 267 A.2d 888 (Del. 1970). “2d 744 (1959) wherein the Superior Court held that there was no element of § 1531 “aggression” in the divorce ground of voluntary separation under 13 Del.C. § 1522(11). 3 The two situations are clearly distinguishable: in voluntary separation cases, the Trial Court need consider…”
Husband B. v. Wife B., 295 A.2d 701 (Del. 1972). “WOLCOTT, Chief Justice: This is an appeal from an award of alimony and counsel fees by the Superior Court in an uncontested divorce action in which the ground for divorce asserted was incompatibility under 13 Del.C. § 1522(12). While the wife, the appellee, did not contest the…”
T. v. T., 314 A.2d 176 (Del. 1973). “The Superior Court Judge found the couple to be incompatible, but denied the decree because he concluded that the rift and discord between *177 the parties were not produced by reciprocal conflict of personalities, within the meaning of 13 Del.C. § 1522(12). I The couple was…”
J. a. D. v. P. L. D., 259 A.2d 381 (Del. 1969). “This is an appeal by the defendant husband from a judgment of divorce granted on the ground of incompatibility pursuant to 13 Del.C. § 1522(12). The sole contention of the husband is that the evidence did not justify the finding of incompatibility.”
Husband, M. v. Wife, M., 295 A.2d 723 (Del. 1972).
— 13 Del. C. § 1522(4) — 1 case
Reynolds v. Reynolds, 237 A.2d 708 (Del. 1967). “* 13 Del.C. § 1522(4) provides: “§ 1522. Grounds for divorce from the bonds of matrimony “The causes for divorce from the bonds of matrimony shall be— “(4) Extreme cruelty, on the part of either husband or wife, such as to endanger the life or health of the other party or to…”
— 13 Del. C. § 1522(a) — 1 case
Husband v. Wife, 367 A.2d 636 (Del. 1976). “13 Del.C. § 1522. II The Husband argues that by virtue of the provisions of 13 Del.”
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