Are there any defenses to a divorce action?

Yes, there are defenses to a divorce action in Delaware. Some of the most common defenses include: • Insanity. If one or both spouses were suffering from a mental or emotional disorder, the court might not grant a divorce in Delaware. • Adultery. If one spouse can prove that the other spouse committed adultery, that spouse might be able to successfully defend the divorce. • Fraud. If one spouse can prove that the other spouse was intentionally deceitful in the marriage, the court might not grant a divorce in Delaware. • Duress. If one spouse can prove that they were forced to enter into the marriage against their will, they might be able to successfully defend the divorce. • Lack of mental capacity. If one spouse was deemed, at the time of marriage, to not have the mental capacity to understand the full implications of the marriage, they might be able to successfully defend the divorce. • Denial of consummation. If one spouse can prove that their marriage was not consummated, the court might not grant a divorce in Delaware. In all cases, the court will consider the circumstances surrounding the marriage and the divorce when determining if a defense is valid.

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