When marriage leads to divorce, the relationship is never in a good state. However, the state in which you live can determine the ease of the divorce process. Although Delaware is the second smallest state in terms of land area, small is mighty when it comes to divorce. In fact, the Small Wonder was recently named among the best states for divorce by The Cheat Sheet.
What makes Delaware one of the best states for divorce? Cheat Sheet cites the state's easy annulment process, voluntary separation for divorce and minimum processing times as reasons for its "best of" ranking.
Let's explore annulments, voluntary separation and processing times below.
An annulment is often confused with a divorce. Although the end goal to dissolve a marriage is the same, the legal standard is different. While divorce allows couples to end a marriage that is broken, an annulment invalidates a marriage that is illegal or done under false pretenses. For example, a person who is married under duress or fraudulent circumstances may be able to annul their marriage.
When going through divorce, people you know may ask the reason why. However, under the law, neither spouse has to be "at fault" to end a marriage. Instead, a spouse can simply cite "irreconcilable differences" or "irreparable breakdown" as a reason for divorce.
If the end of a marriage is based upon certain illegal or immoral circumstances such as adultery or prison confinement, "fault" may be found, which can affect minimum processing times.
Minimum processing times
When filing for a divorce under "no-fault" circumstances, a couple must wait a minimum of six months before the process can be finalized. However, when one spouse is considered "at fault," the waiting period may be waived.
Couples subject to waiting periods in a no-fault divorce must do so because state law still recognizes the sanctity or social benefit of marriage. At the very least, a "cooling off" period allows a chance for a couple to consider their lives apart and make proper arrangements for divorce.
Legal representation is still important
Factors such as child custody arrangements and asset division require careful consideration for emotional and financial wellbeing after divorce. Although the law is friendly to divorcing couples in Delaware, its language has little meaning if it is not applied correctly to your situation.