Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Delaware, individuals contemplating the end of their marriage have several options to consider. Divorce is a legal process that formally dissolves a marriage and is available when certain statutory conditions are met. Before filing for divorce, Delaware law requires that the parties be separated for at least six months, which can serve as a period of informal 'living apart' to consider reconciliation or other alternatives. Marriage counseling is often pursued by couples seeking to resolve their issues before deciding to divorce. Legal separation, while not resulting in the dissolution of the marriage, is recognized in Delaware and allows couples to live apart while remaining legally married; it can address issues such as child custody, support, and property division. Annulment is another option but is only available under specific circumstances where the marriage is considered void or voidable under the law, such as cases of fraud, bigamy, or incapacity. Each of these alternatives has different legal and financial implications, and individuals should consult with an attorney to understand their rights and the potential consequences of each choice.