Complete Guide to Divorce in Delaware (2026)

Written by: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Delaware divorce law

Delaware requires at least one spouse to have resided in the state for six months before filing for divorce. The sole legal ground is irretrievable breakdown of the marriage, and the court requires a six-month separation period before finalizing the decree. Filing fees are approximately $165, and cases are heard in the Family Court. Delaware uses equitable distribution for property and the unique Melson Formula for child support.

Overview of Divorce in Delaware

Divorce in Delaware is governed by Title 13, Chapter 15 of the Delaware Code, commonly known as the Delaware Divorce and Annulment Act. Unlike many states that offer both fault-based and no-fault pathways as entirely separate tracks, Delaware takes a distinctive approach: the only ground for divorce is that the marriage is "irretrievably broken" and reconciliation is improbable (13 Del.C. § 1505(a)). However, the ways in which a marriage can be proven irretrievably broken include categories that resemble traditional fault grounds in other states.

All divorce cases in Delaware are filed in the Family Court of the State of Delaware, a unified statewide court system with locations in each of the state's three counties: New Castle, Kent, and Sussex. This streamlined court structure means that rules and procedures are generally consistent statewide, though minor local variations in fees or scheduling may apply.

Delaware's position as a small but legally sophisticated state, home to a renowned Court of Chancery for business law, extends to its family law system. The state features several unique elements, including the Melson Formula for child support (used in only three states), mandatory parent education classes for divorcing parents with minor children, and a clear statutory cap on alimony duration tied to the length of the marriage.

Residency Requirements

Before the Delaware Family Court can exercise jurisdiction over your divorce, you must satisfy the state's residency requirements under 13 Del.C. § 1504(a).

• At least one spouse must have been a bona fide resident of Delaware for a minimum of six months immediately preceding the filing of the divorce petition.
• Military members stationed in Delaware who have been in the state for at least six months also satisfy this requirement, even if their legal domicile is elsewhere.
• For same-gender marriages solemnized in Delaware or created by conversion of civil unions under Delaware law, the Family Court retains jurisdiction even if neither party currently resides in the state, provided their state of residence does not permit such dissolution proceedings.

The petition must be filed in the Family Court of the county where either the petitioner or the respondent resides (13 Del.C. § 1507(c)).

Grounds for Divorce in Delaware

Under 13 Del.C. § 1505, the court shall enter a decree of divorce when it finds the marriage is irretrievably broken and reconciliation is improbable. A marriage is deemed irretrievably broken when characterized by one of the following:

1. Voluntary separation: Both spouses have mutually agreed to live separate and apart.
2. Separation caused by respondent's misconduct: The separation resulted from one spouse's misconduct, which may include adultery, bigamy, conviction of a crime with imprisonment of one or more years, physical or verbal abuse, desertion, willful refusal to perform marital obligations, contracting a sexually transmitted disease, or habitual drunkenness or drug use.
3. Separation caused by respondent's mental illness: The respondent has been institutionalized for mental illness for a specified period.
4. Separation caused by incompatibility: The spouses can no longer live together due to irreconcilable differences, without regard to the fault of either party.

The most commonly used ground is incompatibility, which functions as the no-fault option. When misconduct is alleged, the separation period may be waived, though the accusing spouse must be prepared to prove the allegations if challenged.

There is a critical separation requirement built into Delaware divorce law. Under 13 Del.C. § 1507(e), a petition may be filed at any time after separation begins, but no ruling on whether to grant the divorce can be made until after the parties have been separated for at least six months. Separation can occur while both parties reside under the same roof, as long as they occupy separate bedrooms and do not have sexual relations (13 Del.C. § 1504(8)).

Additionally, bona fide efforts at reconciliation, including temporarily sharing a bedroom or resuming sexual relations, will not interrupt the separation period, provided the parties have not occupied the same bedroom or had sexual relations within the 30-day period immediately preceding the court hearing on the petition (13 Del.C. § 1505(e)).

Types of Divorce: Contested vs. Uncontested

Divorce in Delaware falls into two broad categories based on whether the spouses can reach agreement.

Uncontested Divorce:

• Both parties agree on all material terms, including property division, custody, support, and alimony.
• The respondent either files an answer agreeing with the petition or does not respond within the 20-day response period.
• These cases move more quickly and cost significantly less.
• The court may grant the divorce without a formal hearing if both parties consent and all paperwork is in order.

Contested Divorce:

• The respondent files an answer within 20 days disputing some or all of the petition's terms.
• A hearing is automatically scheduled.
• The court may delay the action for 60 days to allow the spouses to seek mediation, and may also order a mediation conference, especially when child custody is disputed (13 Del.C. § 1507).
• These cases are substantially more expensive and time-consuming, with contested divorces potentially costing $15,000 to $20,000 or more when attorney fees and mediation costs are included.

Property Division: Equitable Distribution

Delaware is an equitable distribution state. Under 13 Del.C. § 1513(a), the court shall equitably divide, distribute, and assign marital property between the parties "without regard to marital misconduct, in such proportions as the Court deems just." Equitable does not necessarily mean equal; it means fair based on the circumstances.

The court considers all relevant factors when dividing property, including but not limited to:

• The length of the marriage
• Any prior marriages of either party
• The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party
• Whether property was acquired before or during the marriage
• The contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property
• The value of the property set apart to each spouse
• The economic circumstances of each spouse at the time the property division becomes effective
• Whether the property award is instead of or in addition to alimony
• Tax consequences of the proposed distribution

Key property classification rules under 13 Del.C. § 1513:

• All property acquired by either party during the marriage is presumed to be marital property, regardless of how it is titled.
• This presumption can be overcome by showing the property was a gift from a third party to one spouse alone, inherited by one spouse, acquired in exchange for pre-marital property, or excluded by a valid agreement.
• Property transferred as a gift from one spouse to the other during the marriage is marital property.
• A spouse's beneficial interest in a trust created by another person is not marital property (13 Del.C. § 1513(h)). This trust exclusion is a notable feature of Delaware law, reflecting the state's prominence as a trust jurisdiction.
• Jointly-titled real property acquired before marriage is treated as marital property unless excluded by valid agreement.

The court may also impose a lien on marital property assigned to one party as security for alimony or other awards owed to the other party.

One unique aspect of Delaware divorce law worth noting: companion animals may not be transferred, encumbered, concealed, disposed of, or spayed/neutered without the written agreement of both parties during the pendency of the divorce (13 Del.C. § 1509).

Child Custody and Visitation

Child custody in Delaware is determined under 13 Del.C. § 722 based on the best interests of the child standard. The court distinguishes between legal custody (decision-making authority regarding the child's education, health, and welfare) and physical custody/residential arrangements (where the child lives).

Delaware Family Court considers all relevant factors when determining custody, including the following statutory factors under 13 Del.C. § 722(a):

1. The wishes of the child's parents regarding custody and residential arrangements
2. The wishes of the child regarding custodians and residential arrangements
3. The interaction and interrelationship of the child with parents, grandparents, siblings, and other significant persons
4. The child's adjustment to home, school, and community
5. The mental and physical health of all individuals involved
6. Past and present compliance by both parents with their parental rights and responsibilities
7. Evidence of domestic violence
8. The criminal history of any party or household resident

Important principles in Delaware custody law:

• There is no gender preference. The court may not presume that either parent is better qualified because of their sex (13 Del.C. § 722(b)).
• The court may not consider a parent's conduct unless it directly affects the parent-child relationship.
• Judges may grant joint or sole legal custody and may establish various residential arrangements.
• Temporary custody orders may be granted for up to six months to allow parents to demonstrate cooperation.
• Courts may appoint a guardian ad litem (GAL) or an attorney for the child in contested cases.

Upon filing a divorce petition involving children, a preliminary injunction automatically takes effect prohibiting both parents from removing any children residing in Delaware from the state without the other parent's written consent or court permission (13 Del.C. § 1509).

Parent Education Requirement: When there are minor children, both parents must complete a certified parenting education course, typically six to eight hours in length, with fees capped at approximately $100 per parent. Certificates of completion must be submitted to the court, and failure to do so within 180 days of filing may result in dismissal of the petition (13 Del.C. § 1507(h)).

Child Support Guidelines: The Melson Formula

Delaware is one of only three states (along with Montana and Hawaii) that uses the Melson Formula to calculate child support, named after Delaware Family Court Judge Elwood F. Melson Jr., who developed it. The formula is found in Family Court Rules of Civil Procedure, Rules 500 through 510, and is codified as a rebuttable presumption for establishing child support obligations.

The Melson Formula is a variant of the Income Shares Model but is considered more nuanced. It operates on three foundational principles:

1. Parents are entitled to keep sufficient income to meet their own basic needs (the self-support allowance).
2. Parents should not retain more income than required for basic needs until the child's basic needs are met.
3. Children are entitled to share in any additional parental income beyond basic needs, reflecting the standard of living they would have enjoyed had the family remained intact.

The calculation process involves:

• Determining each parent's gross income from all sources
• Subtracting the self-support allowance (approximately $1,510 per month as of 2024) and other permitted deductions
• Calculating the primary support obligation based on combined net income
• Apportioning the obligation between parents based on their respective income shares
• Applying a standard of living adjustment (SOLA) when remaining income permits
• Factoring in overnights spent with each parent, childcare costs, and health insurance premiums

Child support in Delaware continues until the child turns 18, or if the child is still in high school, until graduation or age 19, whichever comes first (13 Del.C. § 501). Either parent may request a modification after 2.5 years, or sooner if there has been a substantial change in circumstances resulting in at least a 10% change in the calculated amount.

The Delaware Division of Child Support Services (DCSS) provides assistance with establishing, enforcing, and modifying child support orders, including an online calculator available through the Family Court website at courts.delaware.gov.

Spousal Support and Alimony

Alimony in Delaware is governed by 13 Del.C. § 1512 and is not automatic. The court may award alimony only to a "dependent party" who meets all three of the following criteria:

1. Is dependent upon the other party for support, and the other party is not otherwise obligated to provide that support post-divorce
2. Lacks sufficient property, including any marital property award, to meet their own reasonable needs
3. Is unable to support themselves through appropriate employment, or is the custodian of a child whose circumstances make it inappropriate to seek employment

The court determines the amount and duration of alimony "without regard to marital misconduct" after considering all relevant factors under 13 Del.C. § 1512(c), including:

• The financial resources of the party seeking alimony
• Time and expense required to obtain education or training for employment
• The standard of living established during the marriage
• The length of the marriage
• The age, physical, and emotional condition of both parties
• Financial or other contributions made by either party to the other's education, career, or earning capacity
• The ability of the paying party to meet their own needs while paying alimony
• Tax consequences
• Whether either party foregone economic or educational opportunities during the marriage

Duration Cap: Under 13 Del.C. § 1512(d), alimony eligibility is limited to a period not exceeding 50% of the length of the marriage. However, for marriages lasting 20 years or longer, there is no time limit on eligibility, although the court still applies the statutory factors in determining the actual award.

Types of alimony available in Delaware:

• Interim alimony: Awarded during the pendency of the divorce action
• Rehabilitative (short-term) alimony: Designed to support a spouse while they gain education, training, or employment skills
• Long-term alimony: For longer marriages where the dependent party may not become fully self-supporting

Alimony terminates automatically upon the death of either party, the remarriage of the receiving party, or the cohabitation of the receiving party with another adult (13 Del.C. § 1512(g)). Delaware defines cohabitation broadly as "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple," regardless of whether the relationship provides a financial benefit. A party who has waived alimony in writing before, during, or after the marriage has no remedy under the statute (13 Del.C. § 1512(f)).

The Filing and Court Process: Step by Step

Here is the general step-by-step process for filing for divorce in Delaware:

1. Confirm eligibility: Verify that you meet the six-month residency requirement and that you have grounds for divorce (irretrievable breakdown of the marriage).

2. Prepare the petition: Complete the Petition for Divorce/Annulment form. Include your name, your spouse's name, date and place of marriage, grounds for divorce, residency statement, information about children (if any), and requests for property division, alimony, child custody, and child support as applicable.

3. File the petition: Submit the completed petition, along with any required supporting documents and the filing fee, to the Clerk of the Family Court in the county where either you or your spouse resides. The filing fee is approximately $165, plus a $10 Court Security fee. As of February 2026. Verify with your local clerk.

4. Serve your spouse: Your spouse must be formally notified through service of process. Acceptable methods include certified mail with return receipt requested, sheriff's service, private process server (typically $25 to $75), or acceptance/waiver of service signed by your spouse. If your spouse cannot be located, the court may permit service by publication in a local newspaper.

5. Wait for a response: Your spouse has 20 days after service to file an answer or responsive pleading. If they agree with the petition or fail to respond, the case may proceed as uncontested. If they dispute any terms, the case becomes contested.

6. Complete parent education (if children are involved): Both parents must attend a certified parenting education course and submit certificates of completion to the court.

7. Engage in mediation or negotiation: The court may order mediation, particularly in cases involving child custody disputes. Even in contested cases, many issues can be resolved through negotiation or mediation before trial.

8. Attend hearings: In contested cases, the court will schedule hearings where both parties present evidence and testimony. In uncontested cases, the petitioner generally must attend a brief hearing, though the respondent may not be required to appear. In some fully agreed-upon uncontested cases, the court may waive the hearing requirement entirely.

9. Satisfy the separation period: The court cannot grant the divorce until the parties have been separated for at least six months, regardless of when the petition was filed.

10. Receive the final decree: Once all issues are resolved and the separation period has elapsed, the judge signs the Decree of Divorce, officially ending the marriage.

Timeline from Filing to Final Decree

The timeline for a divorce in Delaware depends heavily on whether the case is contested or uncontested.

• Uncontested divorce: Can be completed in as little as approximately six months (180 days), assuming the separation period has been met and all paperwork is properly filed. The actual court process may only take a few weeks once the separation period is satisfied.
• Contested divorce: Can take considerably longer, often 12 to 18 months or more, depending on the complexity of the issues, the court's schedule, and the willingness of the parties to negotiate.

Key time markers:

• Filing to service: A few days to a few weeks
• Response deadline: 20 days after service
• Temporary orders hearing (if requested): Typically within 2 to 4 weeks of filing the motion
• Parent education course deadline: Must be completed within 180 days of filing
• Mandatory separation period: 6 months (must elapse before the court can rule)
• Mediation (if ordered): The court may delay proceedings for 60 days to allow for mediation
• Trial (contested cases): Scheduled based on court availability, potentially several months after discovery is completed

Costs Breakdown

The total cost of a divorce in Delaware varies widely depending on complexity and whether attorneys are retained.

Filing and court costs:

• Petition filing fee: Approximately $150 to $165 (as of February 2026; verify with your local clerk)
• Court Security fee: $10
• Service fees: $10 to $100, depending on method
• Service by publication (if needed): $25 to $80, depending on county
• Parent education course: Up to $100 per parent (typically around $50)
• Mediation fees: $100 to $300 per hour (if court-ordered or voluntarily pursued)

Attorney fees:

• Hourly rates: Approximately $200 to $500 per hour, depending on the attorney's experience, reputation, and location within Delaware
• Uncontested divorce (with attorney): Often $1,500 to $5,000 total
• Contested divorce (with attorney): $15,000 to $20,000 or more, depending on the issues involved and the length of litigation

Note: Under 13 Del.C. § 1515, the court may order one spouse to pay all or part of the other spouse's attorney fees based on the financial resources of both parties. Additionally, if you cannot afford the filing fee, you may apply for a fee waiver by filing an Affidavit in Support of Application to Proceed in Forma Pauperis.

What Makes Delaware Divorce Law Unique

Several aspects of divorce in Delaware distinguish it from other states:

• The Melson Formula for child support: Delaware is one of only three states using this model, which uniquely ensures both parents retain enough income for their own basic needs before calculating the child's support obligation. The formula also includes a standard of living adjustment that allows children to benefit from increased parental income.

• No traditional fault grounds: While Delaware recognizes misconduct as a basis for proving irretrievable breakdown, there are no separate "fault" and "no-fault" tracks. Everything funnels through the single ground of irretrievable breakdown.

• Same-roof separation: Delaware explicitly permits separation to occur while the parties continue living in the same residence, provided they maintain separate bedrooms and abstain from sexual relations. This is particularly helpful for couples who cannot afford to maintain two households during the divorce process.

• Reconciliation-friendly provisions: The 30-day "safe harbor" for reconciliation attempts means couples can try to save their marriage without losing credit for their separation period, as long as they re-separate at least 30 days before the court hearing.

• Companion animal protections: Delaware is among a growing number of states that specifically address pets in divorce proceedings, prohibiting unilateral decisions about companion animals during the case.

• Trust property exclusion: Reflecting Delaware's status as a premier trust jurisdiction, the law specifically excludes a spouse's beneficial interest in a trust created by another person from the marital estate.

• Mandatory parent education: The requirement that all divorcing parents with minor children complete a parenting education course within 180 days of filing, with dismissal as a potential consequence for noncompliance, underscores the state's child-focused approach.

• Alimony duration cap: The 50% rule, limiting alimony to half the length of the marriage (with the 20-year exception), provides relative predictability compared to states with open-ended alimony.

• Unified Family Court: Delaware's single statewide Family Court system, with only three county locations, offers a more consistent and streamlined experience than states with fragmented court systems.

• E-filing availability: Delaware allows filing of most divorce forms online through the eFlex e-filing platform, making the process more accessible.

Frequently Asked Questions

How long does it take to get a divorce in Delaware?

The minimum timeline for a divorce in Delaware is approximately six months (180 days), driven primarily by the mandatory separation period. If the separation period has already been satisfied before filing, an uncontested divorce may be finalized in a matter of weeks after filing, depending on the court's schedule. Contested divorces typically take 12 to 18 months or longer.

How much does it cost to file for divorce in Delaware?

The filing fee for a divorce petition in Delaware is approximately $165, plus a $10 Court Security fee. Additional costs include service fees ($10 to $100), potential mediation fees ($100 to $300 per hour), parent education course fees (up to $100 per parent), and attorney fees if you choose to retain counsel ($200 to $500 per hour). As of February 2026. Verify with your local clerk. If you cannot afford the filing fee, you may apply for a fee waiver.

Can I get a divorce in Delaware if my spouse and I still live together?

Yes. Delaware law explicitly allows separation to commence and continue while both spouses reside under the same roof, as defined in 13 Del.C. § 1504(8). The key requirements are that during the separation period, the parties must occupy separate bedrooms and must not have sexual relations with each other. This provision is particularly valuable for couples who cannot afford to maintain separate residences.

Does Delaware require a separation period before divorce?

Yes. While you can file the divorce petition at any time after separation begins (13 Del.C. § 1507(e)), the court cannot rule on the petition until the parties have been separated for at least six months. The separation period may be waived if the divorce is based on one spouse's misconduct.

How is property divided in a Delaware divorce?

Delaware is an equitable distribution state under 13 Del.C. § 1513. The court divides marital property fairly, though not necessarily equally, after considering numerous factors including the length of the marriage, each spouse's financial circumstances, contributions to marital property, and tax consequences. All property acquired during the marriage is presumed to be marital property regardless of title. Marital misconduct is not considered in property division.

How is child support calculated in Delaware?

Delaware uses the Melson Formula, a unique child support model used in only three states. The formula is found in Family Court Civil Rules 500 through 510. It considers both parents' incomes, allows a self-support allowance for each parent's basic needs, calculates the child's basic needs, and includes a standard of living adjustment. Factors such as the number of overnights with each parent, childcare costs, and health insurance premiums are also incorporated. Either parent can request a modification after 2.5 years, or sooner if there is a substantial change in circumstances.

Is alimony guaranteed in a Delaware divorce?

No. Alimony is not automatic in Delaware. Under 13 Del.C. § 1512, a party must prove they are a "dependent party" by showing they are financially dependent on the other spouse, lack sufficient property to meet their own needs, and are unable to support themselves through employment. Even when awarded, alimony is generally limited to 50% of the length of the marriage, unless the marriage lasted 20 years or more, in which case there is no time cap. The court has broad discretion in determining the amount and duration.

What is the role of mediation in Delaware divorce?

Mediation plays a significant role in Delaware divorce proceedings. When a divorce is contested, the court may delay the proceedings for 60 days to allow the spouses to pursue mediation. The court may also order a mediation conference, particularly when child custody is in dispute. In child support cases, mediation is a standard part of the process, with cases proceeding to a mediator before going to trial. Successful mediation results in a written agreement that the court formalizes.

Do I need an attorney to get a divorce in Delaware?

No, you are not legally required to hire an attorney. You may represent yourself (pro se) in a Delaware divorce. However, divorces involving significant property, child custody disputes, child support, or alimony can be legally complex. Having an experienced attorney is strongly recommended in contested cases. If you cannot afford an attorney, Delaware offers free or reduced-fee legal assistance through various legal aid organizations. The court may also order your spouse to pay part or all of your attorney fees based on financial resources (13 Del.C. § 1515).

What happens to our pets in a Delaware divorce?

Delaware addresses companion animals in divorce proceedings under 13 Del.C. § 1509. Once a divorce petition is filed, neither party may transfer, encumber, conceal, dispose of, or spay/neuter a companion animal without the written agreement of both parties. The court treats pet-related decisions as part of the broader property and temporary orders framework, which is notable given that many states still treat pets strictly as property without specific protections during divorce proceedings.

Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and court procedures can change. Consult a qualified Delaware family law attorney for advice specific to your situation. Filing fees and court costs referenced are approximate as of February 2026; always verify current amounts with the Family Court clerk in your county.