Divorce in Delaware: A Complete Guide

Introduction

Filing for divorce is one of the most consequential legal decisions a person can make, and understanding the laws that govern the process in your state is the first step toward protecting your rights and interests. Delaware has its own set of statutes and procedures that shape every aspect of a divorce case — from the grounds upon which a marriage can be dissolved to the way property is divided and children are cared for after the marriage ends.

This guide provides a comprehensive overview of divorce law in Delaware as of 2026. Whether you are just beginning to consider divorce or are already preparing to file, the information below will help you understand what to expect at each stage of the process. While this guide is designed to be thorough, it is not a substitute for personalized legal advice from a qualified Delaware family law attorney.

Grounds for Divorce in Delaware

Delaware is exclusively a no-fault divorce state. This means that neither spouse needs to prove that the other did something wrong — such as adultery, cruelty, or abandonment — to obtain a divorce. Instead, under 13 Del.C. §1505(a), the court will enter a decree of divorce whenever it finds that the marriage is "irretrievably broken" and that reconciliation is improbable.

What Does "Irretrievably Broken" Mean?

An irretrievably broken marriage is one in which the relationship between the spouses has deteriorated to the point that there is no reasonable prospect of reconciliation. In practice, this standard is met when the parties have been living separate and apart for a period of time, or when both parties (or even just one party) assert that the marriage cannot be saved.

No Fault-Based Grounds Available

Unlike some states that offer both fault and no-fault options, Delaware does not permit divorces based on fault grounds. This streamlines the process and generally reduces the level of conflict during proceedings, because neither party needs to air grievances about the other's conduct in order to dissolve the marriage. However, certain conduct may still be relevant when the court considers issues like property division or spousal support.

Residency Requirements

Before the Delaware Family Court can hear your divorce case, you must satisfy the state's residency requirements. Under 13 Del.C. §1504(a), the court has jurisdiction over divorce and annulment actions only when either the petitioner (the person filing) or the respondent (the other spouse) has been a bona fide resident of the State of Delaware for at least six months immediately prior to the filing of the petition.

If neither spouse meets this threshold, the Delaware Family Court cannot accept the case, and you would need to file in a state where residency requirements are met. It is important to note that residency means more than simply owning property in Delaware; you must actually live in the state and consider it your domicile.

Military Members

Delaware's residency requirement can also be satisfied by military service members who are stationed in or who are legal residents of the state, even if they are physically deployed elsewhere. If you or your spouse is in the military, consult with an attorney to confirm how residency rules apply to your specific situation.

Property Division

Delaware follows the principle of equitable distribution when dividing marital property. Under 13 Del.C. §1513(a), the court shall, upon request of either party, equitably divide, distribute, and assign the marital property between the spouses. "Equitable" does not necessarily mean "equal" — it means fair given all the circumstances of the case.

Marital vs. Separate Property

Before the court can divide assets, it must first classify property as either marital or separate:

• Marital property generally includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
• Separate property typically includes assets owned by either spouse before the marriage, as well as gifts and inheritances received by one spouse individually during the marriage, provided they were kept separate and not commingled with marital funds.

Factors the Court Considers

When determining an equitable distribution, the court considers a variety of factors, which may include:

• The length of the marriage
• Each spouse's age, health, and financial circumstances
• Each spouse's contribution to the acquisition, preservation, or appreciation of marital property (including contributions as a homemaker)
• The value of each spouse's separate property
• The economic circumstances of each spouse at the time the division becomes effective
• Tax consequences of the proposed division
• Whether property was acquired before or during the marriage

Because equitable distribution is discretionary, outcomes can vary significantly from case to case. Having an experienced attorney advocate for your interests during property division is highly advisable.

Child Custody and Visitation

When a divorcing couple has minor children, custody and visitation are often the most emotionally charged issues in the case. Delaware courts make custody decisions based on the best interests of the child standard.

Types of Custody

• Legal custody refers to the right to make major decisions about a child's life, including education, healthcare, and religious upbringing.
• Physical custody (also called residential custody) refers to where the child lives on a day-to-day basis.

Custody can be awarded solely to one parent or shared jointly by both parents. Delaware courts generally favor arrangements that allow the child to maintain a meaningful relationship with both parents, unless doing so would be detrimental to the child's well-being.

Factors in Custody Decisions

Delaware courts evaluate numerous factors when determining custody, including:

• The wishes of the child (if the child is of suitable age and maturity)
• The wishes of the parents
• The child's relationship with each parent, siblings, and other significant individuals
• The child's adjustment to home, school, and community
• The mental and physical health of all parties involved
• Each parent's willingness to support the child's relationship with the other parent
• Any history of domestic violence or abuse

Parenting Plans

Parents are encouraged to develop a parenting plan that outlines the custody and visitation schedule, decision-making responsibilities, and how disputes will be resolved. If the parents cannot agree, the court will impose a plan based on the best interests of the child.

Spousal Support (Alimony)

Delaware courts may award spousal support (alimony) to either spouse based on the circumstances of the case. Alimony is not guaranteed and is determined on a case-by-case basis.

Types of Alimony

• Temporary alimony may be awarded during the pendency of the divorce proceedings to help a lower-earning spouse meet basic needs.
• Rehabilitative alimony is awarded for a specific period to allow a spouse to gain the education, training, or experience needed to become self-supporting.
• Permanent alimony is less common and is typically reserved for long-term marriages where one spouse is unlikely to ever become fully self-supporting due to age, health, or other factors.

Factors Considered

The court considers a number of factors when deciding whether to award alimony and in what amount, including:

• The financial needs and resources of each spouse
• The duration of the marriage
• Each spouse's age, physical condition, and emotional health
• The standard of living established during the marriage
• Each spouse's earning capacity, education, and vocational skills
• The time and expense needed for the dependent spouse to acquire education or training for appropriate employment
• Contributions of one spouse to the education or career advancement of the other
• Tax implications

Filing Process

Here is a general step-by-step outline of the divorce filing process in Delaware:

Step 1: Prepare and File the Petition

The divorce process begins when one spouse (the petitioner) files a Petition for Divorce with the Delaware Family Court. The petition must state that the marriage is irretrievably broken and include basic information about the marriage, any children, property, and the relief sought.

Step 2: Serve the Respondent

After the petition is filed, the other spouse (the respondent) must be formally served with copies of the divorce papers. Delaware law provides specific rules for how service must be accomplished — typically by a sheriff, a private process server, or by certified mail.

Step 3: Respondent's Answer

The respondent has 20 days after service to file an answer or a response to the petition. The respondent may agree with the petition, contest certain terms, or file a counter-petition.

Step 4: Discovery and Negotiation

If the divorce is contested, both parties may engage in discovery — the formal exchange of financial information and other relevant documents. Many cases are resolved through negotiation, mediation, or collaborative processes without going to trial.

Step 5: Trial or Settlement

If the parties reach an agreement on all issues, they can submit a stipulated order to the court for approval. If they cannot agree, the case will proceed to trial, where a judge will make the final decisions.

Step 6: Final Decree

Once all issues are resolved — whether by agreement or by judicial decision — the court will issue a final decree of divorce, officially dissolving the marriage.

Timeline and Costs

Separation Period

Delaware requires a six-month separation period before a no-fault divorce based on incompatibility grounds can be granted. The spouses must have been living separate and apart for at least six months before the court will finalize the divorce. This separation period serves as a cooling-off phase and as evidence that the marriage is irretrievably broken.

Filing Fees

The filing fee for a divorce petition in Delaware ranges from approximately $155 to $175 as of February 2026. Fees may vary slightly by county and may be subject to change. Always verify the current fee with your local clerk of the Family Court. Additional costs may include service of process fees, attorney's fees, mediator fees, and court costs for motions.

Overall Timeline

• Uncontested divorces (where both parties agree on all terms) can typically be finalized relatively quickly after the six-month separation period is met — sometimes within a few weeks to a couple of months of filing.
• Contested divorces (where the parties disagree on one or more issues) can take significantly longer — from several months to over a year — depending on the complexity of the issues and the court's schedule.

Estimated Cost Ranges

These are rough estimates only. Actual costs depend on the specifics of your case.

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce law is complex and fact-specific, and the information presented here may not reflect the most recent legislative changes or judicial interpretations. The filing fees, timelines, and procedures described are approximate and subject to change. You should consult with a qualified Delaware family law attorney before making any decisions about your divorce. No attorney-client relationship is created by reading this guide.