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Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Delaware, adultery is considered grounds for divorce, as it is defined under Delaware Code Title 13, Section 1506 as 'marital misconduct.' While Delaware is primarily a no-fault divorce state, meaning that neither spouse has to prove fault to obtain a divorce, adultery can still be cited as a reason for the divorce. However, Delaware courts typically do not consider marital misconduct when dividing marital property unless the misconduct has had an economic impact on the marital assets. The primary focus in asset division is on an equitable distribution, which means fair but not necessarily equal. In terms of alimony, the court may consider adultery when determining the amount and duration of support, especially if the adultery had economic consequences or impacted the well-being of the spouse seeking alimony.

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Divorce

adultery

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Divorce

adultery

Articles