Help Please!

[amandawolb]

What is the name of your state? Delaware

I have been married for 6 mos. to an Air Force member. I want out of the relationship because of domestic violence but do not want that fact to be involved in the legal process...I just want out...I need to know my rights and Delaware laws pertaining to divorce. or if an annulment is an option. Please help!

 

[hopelessinCA]

Delaware has fault and no fault. You must be residing in Delaware for at least 6 mos prior to filing. Check divorcenet.com for info



Grounds:

(1) Irretrievable breakdown of the marriage, such breakdown evidenced by (a) voluntary separation, (b) separation caused by spousal misconduct, (c) separation caused by mental illness, or (d) separation caused by incompatibility.

(2) Misconduct evidenced by conduct so destructive of the marriage that the petitioner cannot be reasonably expected to continue in the relationship, including but not limited to adultery, bigamy, conviction of a crime punishable by one year, spousal or child abuse, desertion, homosexuality, lesbianism, willful refuse to perform marriage obligations, venereal disease, habitual use of drugs or alcohol.

 

[cyana]

Here's what I found for grounds for obtaining an annulment in DE: "Impotence" or "Entering into the marriage as a result of fraud, force or duress". For DV and/or mental abuse and cruelty, you will need a divorce. Different states have different grounds for granting annulments.

Further, DE has become a "no fault" state only. But when you fill out your petition you will have an opportunity to check a little box your "grounds" such as DV. But you will get absolutely no mileage out of it - trust me. I was divorced by my adulterous ex in Dec. 2001 and my attorney advised me to just agree to "irreconciable differences" so as to not to needlessly draw this action out and cost me more money. The fee for "Petition of Divorce" my ex paid was $75 in 2001. You can print/download one from the "Family court for the State of Delaware" website.

Best wishes.