Delaware to decide if homosexuality is grounds for divorce ========================================================== ![Delaware to decide if homosexuality is grounds for divorce](https://vardags.com/images/pictures/_360/40b720b4f9b8d1a96357de1171a0cd32.jpeg)The Senate for the state of Delaware is due to vote on a bill this week to remove the terms 'homosexuality' and 'lesbianism'from the legislative definition of 'misconduct'as part of the grounds for divorce. Delaware law [defines misconduct](http://delcode.delaware.gov/title13/c015/)as behaviour by a spouse that is destructive and unreasonable so that the other spouse, petitioning for a divorce, could not reasonably be expected to continue living with the respondent. Within the category of 'misconduct'the Delaware legislation provides the examples of adultery, bigamy, criminal behaviour (that could result in imprisonment for a minimum of a year), and drink or drug addictions. Using the 'marital misconduct' factor as the reason the marriage has irretrievably broken down, can be viewed both objectively and subjectively. However, whereas 'adultery'required some degree of evidence to be considered by the court, more general behavioural misconduct required less, so accusing a spouse of being a 'homosexual'or 'lesbian' was being used with derision or to upset their spouse. A disgruntled or unhappy spouse could simply accuse their partner of being a homosexual and would legally be entitled to end the union. 'Adultery' is not expressly defined as different-sex relationships, but was implied through case law. The fact that same-sex relationships were expressly mentioned as examples of 'misconduct' means a distinction was inevitably being drawn. Delaware is therefore taking this opportunity to equalise the divorce process for same-sex and different-sex couples. Whether a spouse has an extra-marital affair with someone of the same-sex or different-sex should not allow for a difference in procedure and understanding of the judicial process. Similarly, there was no equivalent provision for heterosexual couples in the category of 'misconduct' unless their spouse actually had an affair. The bill passed through the State's House of Representatives with a 36-to-4 majority, and has now been [passed to the Senate](https://www.wmdt.com/news/more-local-news/Bill-strikes-homosexuality-as-misconduct-for-divorce/39466492) to vote on this Tuesday. House Bill 320 is being considered to be a house-cleaning measure, as the US State of Delaware legally recognised same-sex marriage in 2013, so efforts are being made to update related or linked laws to ensure equality across the board. **Update 12/10/16**: The state Senate in Delaware gave final legislative approval to this bill in June 2016 "Ayesha Vardag - Britain's top divorce lawyer." ![The Huffington Post](https://vardags.com/images/logo/huffpost.png) "Ayesha Vardag - Woman of the Year"![GG2](https://vardags.com/images/logo/gg2-3.png) "Leading, Magic Circle law firm."Mr Justice Coleridge "A handful of firms dominate the so-called 'glamour' end of the market ... Vardags"The Times "One of the best divorce lawyers in the country"Marie Claire "Ayesha Vardag - 'diva of divorce' for the world's super rich" ![BBC](https://vardags.com/images/logo/bbc.png) "Dr Stephen Bence is a financial genius."Lewis Marks KC "Ayesha Vardag - the Queen of divorce"Daily Mail "Vardags brilliantly argued my case to a resounding victory"Pauline Chai (client) "Britain's top divorce lawyer" ![The Telegraph](https://vardags.com/images/logo/telegraph.png) More Divorce news ----------------- [A costly oversight: finance order made before decree nisi](https://vardags.com/family-law/finance-order-made-before-decree-nisi "A costly oversight: finance order made before decree nisi") [The history of our grounds for divorce](https://vardags.com/family-law/the-history-of-our-grounds-for-divorce "The history of our grounds for divorce") [Delaware to decide if homosexuality is grounds for divorce](https://vardags.com/family-law/delaware-homosexuality-grounds-divorce "Delaware to decide if homosexuality is grounds for divorce") [Widow loses out on £6M divorce settlement after husband dies during proceedings](https://vardags.com/family-law/widow-loses-divorce-settlement "Widow loses out on £6M divorce settlement after husband dies during proceedings") [Parenthood makes you more miserable than divorce, German study suggests](https://vardags.com/family-law/parenthood-miserable-divorce "Parenthood makes you more miserable than divorce, German study suggests")