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It must be filed within 90 days after s/he becomes aware of the described condition (i.e., incapacity, fraud, threats, or joke or dare). To file under the grounds for annulment listed in number? 5, either spouse can file for an annulment no later than one year after s/he becomes aware of the lack of ability.

The court won't issue a divorce decree until you and your spouse have been separated for a least six months. However, if the divorce is based on misconduct, the law waives the six-month separation requirement. Note that you and your spouse can live in the same premises and still be considered separated.

Delaware law allows for different types of divorce and annulment. Divorces and Annulments can be Contested or Uncontested.

In Delaware, marital assets and property are not necessarily split evenly. Instead, assets are split equitably, which means many factors will be considered when dividing property, including each spouse's contribution to the marriage, child custody, lifestyle and the length of the marriage.

Under the Delaware Code, the following are the time limits for seeking a civil annulment: For lack of capacity to consent, duress, jest, or dares: within 90 days of discovering these grounds. For inability to physically consummate the marriage, within one year after discovery of this condition (impotence)

Separation in Delaware In the State of Delaware, Separation is defined as living separately for six or months before filing for divorce. There is no separate ?legal separation? provision in our state. However, spouses wishing to live apart but not necessarily divorce can negotiate a Separation Agreement in Delaware.