DMR.2.3.010 Effect of Divorce, Grounds

(a) Divorce is the dissolution of the bonds of matrimony between two married parties. Incident to the granting of a divorce, the Court may award property, assign responsibility for debts, set support, set maintenance, allocate child custody and child placement, restore either or both parties to a former surname, prohibit or restrict contact between the parties, and enter such other orders pertaining to the relationship of the parties as circumstances require. The Court may enter temporary orders pending a final hearing.

(b) The only ground for the dissolution of a marriage is that the parties are incompatible. The only defense to a petition for divorce is that the parties are not incompatible. Incompatibility is established when:

(1) The parties have voluntarily lived apart for 12 months or more and one party testifies that the parties are incompatible; or

(2) Both parties testify that they are incompatible; or

(3) Only one party testifies that the parties are incompatible, the parties have not voluntarily lived apart for 12 months or more, and the Court finds, based on all the circumstances, that there is no reasonable prospect the parties will reconcile.