Getting a divorce when you can't afford a lawyer or court fees is possible in Delaware. Delaware Family Court waives the $165 filing fee entirely for petitioners who demonstrate financial hardship through an Application to Proceed In Forma Pauperis (Form 257P). Approval typically requires household income at or below 150% of the federal poverty level, which equals approximately $23,940 for a single-person household in 2026. Combined with free legal aid from Community Legal Aid Society (CLASI) and Delaware Volunteer Legal Services (DVLS), qualifying Delaware residents can complete their divorce with $0 out-of-pocket costs.
Key Facts: Delaware Divorce with No Money
| Requirement | Details |
|---|---|
| Filing Fee | $165 ($155 petition + $10 security fee) |
| Fee Waiver Eligibility | Income at or below 150% FPL (~$23,940 for 1 person) |
| Residency Requirement | 6 months in Delaware |
| Separation Period | 6 months (unless misconduct grounds) |
| Divorce Grounds | Irretrievably broken (no-fault) |
| Property Division | Equitable distribution |
| Free Legal Aid | CLASI: 302-575-0660; DVLS: 302-478-8680 |
| Court Forms | Free at courts.delaware.gov/family/divorce/forms.aspx |
How Much Does a Delaware Divorce Actually Cost?
A divorce in Delaware costs $165 in mandatory court fees at Delaware Family Court, consisting of a $155 petition filing fee and a $10 court security fee as established by the Schedule of Assessed Costs. Service of process adds $10 to $100 depending on the method chosen, bringing the minimum total to approximately $175 for a do-it-yourself uncontested divorce. Attorney fees, when retained, range from $200 to $500 per hour, with contested divorces averaging $10,000 to $30,000 in total legal costs.
For Delaware residents facing financial hardship, the fee waiver program eliminates court costs entirely. The key to divorce with no money in Delaware lies in understanding which costs are mandatory, which are negotiable, and which free resources exist to replace paid services.
Breakdown of Delaware Divorce Costs
| Cost Category | Amount | Waivable? |
|---|---|---|
| Petition Filing Fee | $155 | Yes (In Forma Pauperis) |
| Court Security Fee | $10 | Yes (In Forma Pauperis) |
| Service by Sheriff | $10-$30 | Partially |
| Service by Private Process Server | $50-$100 | No |
| Certified Copies | $10-$20 per copy | No |
| Mediation (if required) | $100-$300/hour | Yes (court-provided free mediation available) |
| Parent Education Course | Up to $100 per parent | Varies |
| Attorney Fees | $200-$500/hour | N/A (use legal aid instead) |
Delaware Fee Waiver: How to File In Forma Pauperis
Delaware Family Court grants complete fee waivers through its In Forma Pauperis program for petitioners with household income at or below approximately 150% of the federal poverty level under 13 Del. C. § 1504. For 2026, this threshold equals $23,940 annually for a single-person household, $32,310 for a two-person household, and $40,680 for a family of three. The application requires submitting Form 257P (Affidavit in Support of Application to Proceed In Forma Pauperis) alongside your Petition for Divorce.
Income Limits for Fee Waiver Eligibility (2026)
| Household Size | 150% FPL (Annual) | 150% FPL (Monthly) |
|---|---|---|
| 1 person | $23,940 | $1,995 |
| 2 people | $32,310 | $2,693 |
| 3 people | $40,680 | $3,390 |
| 4 people | $49,050 | $4,088 |
| 5 people | $57,420 | $4,785 |
| Each additional | +$8,370 | +$698 |
Step-by-Step Fee Waiver Application Process
The In Forma Pauperis application process in Delaware involves four distinct steps that must be completed accurately to avoid rejection. First, obtain Form 257P from the Delaware Family Court Resource Center or download it free from courts.delaware.gov. Second, complete the financial disclosure affidavit listing all income sources, bank accounts, property owned, and monthly obligations with precise dollar amounts. Third, have the application signed in front of a notary public or a justice of the peace, as required under penalty of perjury. Fourth, submit the application alongside your Petition for Divorce to the Family Court clerk in your county.
Delaware Family Court reviews In Forma Pauperis applications and typically issues a ruling within 5 to 10 business days. The court examines both income and assets when making its determination. When applicants have both income and assets at or below the guidelines, the Court will generally approve the application. At income or asset levels above those shown in the guidelines, the Court will determine whether the applicant has any unusual necessary expenses which may cause the Court to grant the application.
What the Fee Waiver Covers
A successful In Forma Pauperis application in Delaware waives the complete $165 filing fee, including both the $155 petition fee and the $10 court security fee. The waiver also covers costs for certified copies needed for the divorce process and may include reduced or waived costs for service of process through the sheriff's office. Low-income filers may qualify for free court-provided mediation services rather than paying the standard $100 to $300 per hour charged by private mediators.
Free Legal Aid for Divorce in Delaware
Delaware offers multiple free legal aid organizations that provide representation in divorce cases for qualifying low-income residents. Community Legal Aid Society, Inc. (CLASI) and Delaware Volunteer Legal Services (DVLS) together serve all three Delaware counties with free divorce representation, advice clinics, and document preparation assistance. These organizations represent the primary pathway for obtaining a divorce with no money in Delaware when you can't afford a divorce lawyer.
Community Legal Aid Society, Inc. (CLASI)
Community Legal Aid Society provides free legal services to vulnerable and underserved Delawareans through offices in Wilmington, Dover, and Georgetown serving all three Delaware counties. CLASI represents victims of domestic violence in family law matters including divorce and custody, with income eligibility set at 200% of the federal poverty level for most services. Contact CLASI at the following locations:
Wilmington Office: 100 W. 10th Street, Suite 801, Wilmington, DE 19801 Phone: 302-575-0660 or 800-292-7980 (toll-free) Hours: Monday through Friday, 9 a.m. to 5 p.m.
Dover Office: 840 Walker Road, Dover, DE 19904 Phone: 302-674-8500 or 800-537-8383 (toll-free) Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m.
Georgetown Office: Georgetown Professional Park, 20151 Office Circle, Georgetown, DE 19947 Phone: 302-856-0038 or 800-462-7070 (toll-free) Hours: Monday through Friday, 8:30 a.m. to 4:30 p.m.
Delaware Volunteer Legal Services (DVLS)
Delaware Volunteer Legal Services is an organization of primarily volunteer attorneys that provides legal assistance to community members who have low incomes or are victims of domestic violence. DVLS provides pro bono legal help with divorce and custody cases involving domestic violence, along with other family law matters. To qualify for DVLS services, applicants must meet federal poverty income standards, which typically means income at or below 125% of the federal poverty level (approximately $19,950 annually for a single person in 2026).
Contact DVLS at 302-478-8680 or toll-free at 1-888-225-0582. DVLS serves Wilmington, New Castle, Newark, Dover, Georgetown, Middletown, Bear, Milford, and Rehoboth.
Delaware Legal Help Link
Delaware Legal Help Link is a free public service provided by Delaware's nonprofit civil legal aid providers that helps people with civil legal problems find the best available help. The website provides a questionnaire that guides users to appropriate resources based on their specific legal issue and financial circumstances. Legal Help Link serves as a centralized intake point for connecting low-income Delawareans with appropriate legal aid services.
Limited Legal Assistance Program
The Limited Legal Assistance Program offers free 15-minute consultations with volunteer attorneys for eligible self-represented litigants at Delaware Family Court. These consultations provide limited scope assistance with specific questions about divorce paperwork, court procedures, or legal strategy. To qualify, participants must not have received previous legal assistance regarding the same issue. The program operates at Family Court Resource Centers in all three Delaware counties.
How to File for Divorce Pro Se in Delaware
Filing for divorce pro se (representing yourself) in Delaware is fully supported by the Family Court through comprehensive instruction packets, free forms, and Resource Center assistance. The Delaware Family Court has developed simple, straightforward packets containing instructions explaining what forms you need to file, how to complete the forms, and sample completed forms for reference. All divorce forms are available free at courts.delaware.gov/family/divorce/forms.aspx.
Required Forms for Delaware Divorce
Delaware Family Court requires the following forms for all divorce filings:
- Petition for Divorce (Form 230P) - The initial document requesting dissolution of marriage
- Financial Declaration (Form 209) - Complete disclosure of income, assets, and debts
- Certificate of Compliance and Readiness (Form 228) - Confirms completion of required steps
- Summons (Form 432) - Official notice to your spouse of the divorce action
Situational Forms You May Need
Depending on your specific circumstances, you may also need:
- Stipulation to Incorporate Separation Agreement (Form 443) - File if you have a separation agreement you want the court to enforce
- Affidavit of Unknown Address (Form 241) - Required if you do not know where your spouse lives
- Affidavit of Non-Military Service (Form 405) - Required if you confirm your spouse is not in military service
- Application to Proceed In Forma Pauperis (Form 257P) - For fee waiver request
Step-by-Step Pro Se Divorce Process
- Verify eligibility: Either you or your spouse must have resided in Delaware for at least 6 months immediately preceding filing under 13 Del. C. § 1504
- Download and complete required forms from the Family Court website
- If seeking fee waiver, complete Form 257P and have it notarized
- File the Petition for Divorce with the Family Court clerk in your county (New Castle, Kent, or Sussex)
- Serve your spouse with the divorce papers through the sheriff, private process server, or acceptance of service
- Wait for your spouse's response (20 days for Delaware residents, 30 days for out-of-state respondents)
- Complete any required mediation or parent education classes
- Attend the final hearing and receive your divorce decree
Delaware Divorce Requirements and Timeline
Delaware requires a 6-month separation period before the Family Court will grant a divorce decree under 13 Del. C. § 1505. This separation period functions as Delaware's mandatory waiting period, though there is no additional post-filing waiting period once the separation requirement is satisfied. The exception applies when filing for divorce on grounds of misconduct (adultery, abuse, desertion), which eliminates the separation requirement entirely.
Separation Under the Same Roof
Delaware law explicitly permits separation to commence and continue while both spouses reside under the same roof as defined in 13 Del. C. § 1504(8). This provision is particularly important for couples facing financial hardship who cannot afford separate residences. The key requirements during in-home separation are that the parties must occupy separate bedrooms and must not have sexual relations with each other during the separation period.
Timeline for Uncontested Divorce
An uncontested divorce in Delaware (where both spouses agree on all terms) can be completed in approximately 30 to 90 days after filing, assuming the 6-month separation period has already been satisfied. The total timeline from initial separation to final decree is approximately 6 to 9 months for most uncontested cases. If you have already been separated for 6 months before filing, you can complete your divorce within 1 to 3 months after filing.
Timeline for Contested Divorce
Contested divorces in Delaware typically take 12 to 24 months or longer from filing to final decree. These cases involve disputes over property division, alimony, child custody, or child support that require court intervention to resolve. The extended timeline reflects the need for discovery, mediation, custody evaluations, and potentially a trial before the Family Court judge.
Property Division in Delaware Divorce
Delaware follows equitable distribution principles for dividing marital property in divorce under 13 Del. C. § 1513. The court divides marital property fairly based on multiple factors, though equitable does not necessarily mean equal. Understanding property division is essential for divorce with no money situations because the division of assets and debts directly impacts each spouse's post-divorce financial situation.
Factors Courts Consider
Delaware Family Court considers all relevant factors when dividing marital property including:
- The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party
- Whether the property award is in lieu of or in addition to alimony
- The opportunity of each spouse for future acquisitions of capital assets and income
- The contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property
- The contribution of a party as homemaker, husband, or wife
- The value of the property set apart to each party
- The economic circumstances of each party at the time the division of property becomes effective
Marital Property vs. Separate Property
Marital property in Delaware includes all property acquired during the marriage regardless of title. Separate property, including assets owned before marriage or received as gifts or inheritance by either spouse, typically remains with the original owner after divorce. Separate property can become marital property through commingling if one spouse mixes their separate property with marital assets.
Free and Low-Cost Divorce Alternatives
Beyond fee waivers and legal aid, Delaware residents seeking divorce with no money have several additional options to minimize costs. Mediation, separation agreements, and online document preparation services can reduce or eliminate the need for attorney involvement in straightforward cases.
Court-Provided Mediation
Delaware Family Court offers free mediation services for qualifying low-income parties through its court-connected mediation program. Mediation helps couples reach agreements on property division, support, and custody without the expense of litigation. Private mediation costs $100 to $300 per hour, making court-provided free mediation a significant cost savings for eligible parties.
Separation Agreements
A written separation agreement that addresses all issues (property, debt, support, custody) can dramatically simplify and speed up the divorce process. Couples who reach complete agreement can proceed with an uncontested divorce, avoiding the substantial costs of contested litigation. Delaware Legal Help Link provides resources for understanding what should be included in a separation agreement.
Online Document Preparation
Online divorce document preparation services charge between $150 and $500 to complete Delaware divorce paperwork, though these costs are not waivable through the court. For those who qualify for fee waivers but need help with paperwork, the Delaware Family Court Resource Centers provide free assistance with form completion.
Frequently Asked Questions
Can I get a divorce in Delaware with no money at all?
Yes, Delaware residents can obtain a complete divorce with $0 out-of-pocket costs by combining three resources: (1) the In Forma Pauperis fee waiver eliminates the $165 filing fee for those with income below 150% of the federal poverty level (approximately $23,940 for a single person in 2026), (2) free legal representation from CLASI or DVLS for qualifying low-income individuals, and (3) free court forms and instruction packets available at courts.delaware.gov.
What income level qualifies for a Delaware divorce fee waiver?
Delaware Family Court typically approves fee waivers for applicants with household income at or below 150% of the federal poverty level. For 2026, this equals $23,940 annually for a single-person household, $32,310 for two people, and $40,680 for three people. The court may also approve waivers for those slightly above these thresholds who demonstrate unusual necessary expenses.
How do I apply for In Forma Pauperis status in Delaware?
To apply for fee waiver status, complete Form 257P (Affidavit in Support of Application to Proceed In Forma Pauperis), have it notarized, and submit it with your Petition for Divorce. The form requires disclosure of all income sources, bank accounts, property, and monthly expenses. The court typically rules on applications within 5 to 10 business days.
Can I represent myself in a Delaware divorce?
Yes, Delaware Family Court fully supports pro se (self-represented) litigants through comprehensive instruction packets, free forms, Resource Center assistance, and the Limited Legal Assistance Program offering free 15-minute attorney consultations. Approximately 70% of family law cases in Delaware involve at least one self-represented party. All forms are available free at courts.delaware.gov/family/divorce/forms.aspx.
How long does a Delaware divorce take?
An uncontested Delaware divorce takes approximately 6 to 9 months total, including the mandatory 6-month separation period. Once the separation period is satisfied and paperwork is filed, an uncontested divorce can be finalized in 30 to 90 days. Contested divorces typically take 12 to 24 months or longer from filing to final decree.
Do I have to be separated before filing for divorce in Delaware?
You can file for divorce immediately after separating, but the court will not finalize the divorce until the 6-month separation period is complete under 13 Del. C. § 1505. The exception is divorce based on misconduct grounds (adultery, abuse, desertion), which requires no separation period. Separation can occur while living under the same roof if spouses occupy separate bedrooms and do not have sexual relations.
What free legal help is available for divorce in Delaware?
Delaware offers multiple free legal resources: Community Legal Aid Society (CLASI) at 302-575-0660 provides representation for low-income residents and domestic violence victims; Delaware Volunteer Legal Services (DVLS) at 302-478-8680 offers pro bono attorneys for qualifying individuals; Delaware Legal Help Link at delegalhelplink.org provides referrals; and the Limited Legal Assistance Program offers free 15-minute attorney consultations at Family Court Resource Centers.
Can I get divorced in Delaware if I can't find my spouse?
Yes, Delaware allows divorce by publication when you cannot locate your spouse after diligent search efforts. You must file an Affidavit of Unknown Address (Form 241) and the court may authorize service by publication in a newspaper. Legal aid organizations can assist with this process, which typically adds 4 to 6 weeks to the divorce timeline.
What if my spouse won't agree to the divorce?
Delaware is a no-fault divorce state, meaning you do not need your spouse's agreement or cooperation to obtain a divorce. If your spouse refuses to participate or contests the divorce, the process becomes a contested case requiring court intervention. Free legal aid from CLASI or DVLS can provide representation in contested cases for qualifying low-income individuals.
Are there any costs I cannot avoid in a Delaware divorce?
While the $165 filing fee can be waived through In Forma Pauperis, some costs may remain: service of process ($10-$100, though sheriff service may be reduced for fee waiver recipients), certified copies of the divorce decree ($10-$20 per copy), and any required parent education courses (up to $100 per parent, though waivers may be available). Total unavoidable costs for fee waiver recipients typically range from $0 to $50.
Getting Started with Your Delaware Divorce
Obtaining a divorce with no money in Delaware requires strategic use of available resources, but it is absolutely achievable. The combination of fee waivers for court costs, free legal aid organizations, pro se court support, and free court-provided mediation means that financial hardship does not have to prevent you from ending your marriage legally.
Begin by contacting Delaware Legal Help Link to determine which resources best match your situation. If you are a victim of domestic violence, contact CLASI immediately at 302-575-0660 for priority intake. For all others, gather your financial information, download the fee waiver application (Form 257P), and visit your county's Family Court Resource Center for personalized assistance with your divorce filing.
Author: Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Delaware divorce law
Filing fees and court costs referenced are approximate as of April 2026. Verify current amounts with the Delaware Family Court clerk in your county.