How Long Does a Divorce Take in Delaware? Complete 2026 Guide to Timelines, Costs, and Process

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

How Long Does a Divorce Take in Delaware? Quick Answer

How long does divorce take in Delaware? At minimum, expect approximately six months (180 days) due to Delaware's mandatory separation period. An uncontested divorce with no complications can be finalized in as little as 30 to 90 days after the six-month separation requirement is satisfied. Contested divorces involving disputes over custody, property, or alimony routinely take one to two years or longer.

Understanding the Delaware Divorce Timeline

If you are considering ending your marriage in Delaware, the divorce timeline is one of the most critical factors to understand. Delaware's divorce process is governed by Title 13, Chapter 15 of the Delaware Code, formally known as the Delaware Divorce and Annulment Act (13 Del. C. §§ 1501–1535). The duration of your case depends on several factors, including whether the divorce is contested or uncontested, whether children are involved, and whether you and your spouse can agree on key issues like property division and alimony.

The single most important factor in understanding how long does divorce take in Delaware is the state's mandatory separation period. Under 13 Del. C. § 1503(7), "separation" is defined as living separate and apart for six or more months immediately preceding the court's ruling on the petition. This waiting period serves as the floor for the divorce duration in most cases.

However, Delaware law does allow you to file the divorce petition before the six-month separation period has elapsed. Under 13 Del. C. § 1507(e), a petition for divorce may be filed at any time after the separation of the parties, so long as the residency requirements of § 1504(a) are met. The court simply will not rule on the divorce itself until after the parties have been separated for six months. This means you can begin the legal process early and use the waiting period to resolve ancillary matters such as property division, child custody, and support.

Residency Requirements Before You Can File

Before a Delaware court can hear your divorce case, you must satisfy the state's residency requirement. Under 13 Del. C. § 1504(a), the Family Court has jurisdiction over divorce actions where either the petitioner or the respondent actually resided in Delaware, or was stationed in the state as a member of the armed services of the United States, continuously for six or more months immediately preceding the filing of the action.

Key points about residency:

• Either spouse, not necessarily the filing spouse, may satisfy the six-month residency requirement.
• Military members stationed in Delaware for at least six months also qualify.
• For same-gender marriages solemnized in Delaware or converted from civil unions under Delaware law, the Family Court retains jurisdiction even if neither party currently resides in Delaware, provided no other state affirmatively permits such a proceeding.
• The petition must be filed in the Family Court of the county where either spouse resides (13 Del. C. § 1507(c)).

Delaware has three counties: New Castle, Kent, and Sussex. You will file your petition in whichever county you or your spouse call home.

Grounds for Divorce in Delaware

Delaware is effectively a no-fault divorce state. 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. The purpose of the statute, as stated in 13 Del. C. § 1502, is to make irretrievable breakdown of the marriage the sole basis for divorce.

Under 13 Del. C. § 1505(b), a marriage is irretrievably broken where it is characterized by:

1. Voluntary separation for at least six months.
2. Separation caused by the respondent's misconduct, which can include adultery, physical or mental abuse, desertion, habitual drunkenness, drug addiction, conviction of a crime resulting in imprisonment of one or more years, or other conduct destructive to the marriage.
3. Separation caused by mental illness of the respondent.
4. Separation caused by incompatibility, without regard to fault.

The misconduct ground under § 1505(b)(2) is significant for the divorce timeline because no period of separation is required when divorce is based on misconduct. This can potentially result in a faster divorce if you can prove the allegations. However, as the Delaware Family Court itself notes, you must prove any allegations of misconduct by presenting evidence to the court before a divorce will be granted on this ground.

Uncontested vs. Contested Divorce: How the Type Affects Divorce Duration

The type of divorce you pursue has the greatest impact on how long does divorce take in Delaware beyond the mandatory waiting period.

Uncontested Divorce

An uncontested divorce occurs when the respondent either does not file an answer within 20 days of receiving the petition or files an answer agreeing with the divorce request (13 Del. C. § 1511). In either scenario, the case proceeds without a contested hearing.

Once the six-month separation period has been met, an uncontested divorce in Delaware can be finalized in as little as 30 to 90 days depending on the court's calendar and completion of required steps. This is the fastest divorce pathway available in Delaware.

For an uncontested divorce in Delaware, the petitioner can typically choose between:

• A hearing before a judge, which requires the petitioner's attendance but not the respondent's.
• An affidavit-based proceeding (stipulated divorce), where both parties agree and the court may grant the divorce without a personal appearance.

Contested Divorce

A contested divorce arises when the respondent files an answer within 20 days disputing some or all of the petition's terms. Once the matter becomes contested, the court will schedule a hearing. Contested divorces involve discovery, potentially court-ordered mediation, and trial on unresolved issues. These cases regularly take 12 to 24 months or longer to reach a final decree.

Factors that extend the contested divorce timeline include:

• Complex property division disputes, especially involving businesses, retirement accounts, or real estate.
• Custody and visitation disagreements requiring home studies or guardian ad litem appointments.
• Disputes over alimony duration and amounts.
• Failure to comply with discovery or court orders.
• Continuances requested by either party.

Step-by-Step Divorce Process and Timeline in Delaware

Here is a general outline of the divorce process and the approximate time each stage takes:

Step 1: Confirm Eligibility (Before Filing)

• Verify that at least one spouse meets the six-month residency requirement under 13 Del. C. § 1504(a).
• Confirm that you and your spouse are separated or begin your separation. Under Delaware law (13 Del. C. § 1503(7)), separation can occur even under the same roof, provided the parties occupy separate bedrooms and do not have sexual relations.

Step 2: File the Petition (Day 1)

• Prepare and file the Petition for Divorce/Annulment with the Family Court clerk in the county where either spouse resides.
• Pay the filing fee. As of February 2026, the filing fee in Delaware is approximately $150 to $165, plus a $10 court security fee. Verify with your local clerk, as fees may vary by county. Those who cannot afford the fee may file an Affidavit in Support of Application to Proceed in Forma Pauperis to request a waiver.
• A preliminary injunction automatically takes effect upon filing, restricting both parties from disposing of assets, removing children from Delaware, or incurring unnecessary debts (13 Del. C. § 1509).

Step 3: Serve the Respondent (Days 1–30)

• The petition and summons must be served on the respondent. Service can be accomplished through the sheriff, certified or registered mail, or a private process server.
• If the respondent's location is unknown, service by publication may be permitted. Publication fees vary by county, ranging from approximately $25 in Kent County to $80 in New Castle County.

Step 4: Respondent's Answer (20 Days After Service)

• The respondent has 20 days from service to file an answer or responsive pleading (13 Del. C. § 1511).
• If children are involved, the respondent must also submit an affidavit confirming awareness of the children's rights under the statute (13 Del. C. § 1511(e)).
• If no answer is filed, the divorce is deemed uncontested.

Step 5: Parenting Education Course (If Children Are Involved)

• When there are living children of the marriage, both parties must complete a Parenting Education Course certified by the Department of Services for Children, Youth and Their Families. The course consists of at least four hours of instruction (13 Del. C. § 1507(h)). The divorce will not proceed until certificates of completion are submitted to the court.

Step 6: Six-Month Separation Period Must Elapse

• The court will not grant the divorce until the parties have been separated for at least six months, unless the divorce is filed on misconduct grounds under 13 Del. C. § 1505(b)(2).
• If you filed early, this time is running concurrently with the other steps above.

Step 7: Discovery and Negotiation (Contested Cases Only)

• In contested cases, both parties exchange financial disclosures and may engage in formal discovery (interrogatories, depositions, document requests).
• Mediation may be ordered by the court, particularly where children are involved.
• This phase can take 3 to 12 months or more.

Step 8: Final Hearing and Decree

• Uncontested cases: A brief hearing or submission of stipulated documents. The judge reviews the file and, if satisfied, issues the final decree of divorce.
• Contested cases: A trial on all unresolved issues. The court must find that the averments of the petition satisfy § 1504(a), § 1505 or § 1506, and § 1507, and that jurisdiction has been properly acquired (13 Del. C. § 1518).

Filing Fees and Costs

Divorce in Delaware involves several potential costs:

• Filing fee: Approximately $150 to $165, depending on the county. As of February 2026. Verify with your local clerk.
• Court security fee: $10.
• Service of process fees: $10 to $100, depending on the method of service used.
• Publication fees (if needed): $25 to $80, depending on the county.
• Mediation fees: $100 to $300 per hour, if mediation is required.
• Attorney fees: $200 to $500 per hour. In contested cases with significant assets or custody disputes, total attorney fees and costs can range from $15,000 to $20,000 or more.

For current fee schedules, visit the Delaware Courts website at courts.delaware.gov/help/fees/.

Fee waiver: If you cannot afford the filing fee, you may apply for a fee waiver by submitting the Affidavit in Support of Application to Proceed in Forma Pauperis. If approved, the waiver covers the filing fee, notice fee, and publication costs.

Property Division in Delaware Divorce

Delaware is an equitable distribution state. Under 13 Del. C. § 1513(a), the court will equitably divide, distribute, and assign marital property between the parties without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors.

All property acquired by either party during the marriage is presumed to be marital property, regardless of how title is held (13 Del. C. § 1513(c)). This presumption can be overcome by showing the property was acquired by gift from a third party, inheritance, in exchange for pre-marital property, or was excluded by a valid agreement.

Property division disputes are one of the primary reasons a contested divorce timeline extends significantly. Complex assets such as business interests, stock options, retirement accounts, and real estate may require expert appraisals and valuation, adding months to the process.

Alimony in Delaware Divorce

Alimony (spousal support) is not automatically awarded in Delaware. Under 13 Del. C. § 1512, the court may award alimony to a dependent spouse who:

1. Is dependent upon the other party for support.
2. Lacks sufficient property, including marital property awards, to provide for 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 can award three types of alimony: interim alimony during the pendency of the divorce, rehabilitative (short-term) alimony, and longer-term alimony. Unless the parties agree otherwise in writing, alimony terminates upon the death of either party, the remarriage of the recipient, or the cohabitation of the recipient (13 Del. C. § 1512(g)).

Disputes over alimony type, amount, and duration can substantially extend the divorce timeline.

Automatic Preliminary Injunction

One of the unique features of Delaware divorce law is the automatic preliminary injunction that takes effect upon filing. Under 13 Del. C. § 1509, once the petition is filed, both parties are prohibited from:

• Transferring, encumbering, concealing, or disposing of marital property.
• Removing any children residing in Delaware from the state without written consent of the other party or court permission.
• Utilizing credit cards or incurring debts for which the other party may be liable, except for litigation expenses or necessities of life.

The injunction applies to the petitioner immediately upon filing and to the respondent upon being served with the petition. Violation of this injunction can result in contempt of court.

How to Get the Fastest Divorce in Delaware

If you want to minimize how long does divorce take in Delaware, consider the following strategies:

1. Begin your separation as early as possible. The six-month clock starts when you and your spouse begin living separate and apart (separate bedrooms, no sexual relations).
2. File the petition right away. Under 13 Del. C. § 1507(e), you do not have to wait for the separation period to expire before filing. Filing early allows you to complete procedural steps while the separation period runs.
3. Pursue an uncontested divorce. If you and your spouse can agree on all issues, including property division, custody, support, and alimony, you avoid the time-consuming contested process entirely.
4. Complete the Parenting Education Course promptly if children are involved. The court will not finalize the divorce until both parties submit certificates of completion.
5. Consider fault-based grounds if applicable. If misconduct such as adultery, abuse, or desertion can be proven, the six-month separation period may be waived. However, this requires presenting evidence to the court.
6. Respond promptly to all court requirements, financial disclosure requests, and scheduling orders.
7. Use mediation early to resolve disputes before positions harden and costs escalate.

Filing for Divorce Online in Delaware

Delaware allows electronic filing of most divorce documents through its eFlex e-filing platform. E-filing can speed up the process by eliminating travel to the courthouse and reducing processing delays. Court forms and information are available through the Delaware Courts website at courts.delaware.gov/family/divorce/.

Frequently Asked Questions

Q1: How long does divorce take in Delaware if both parties agree?

If both spouses agree on all terms and have already satisfied the six-month separation requirement, an uncontested divorce can be finalized in approximately 30 to 90 days after filing, depending on the court's schedule. The fastest divorce scenario in Delaware combines early filing, a cooperative spouse, and no children, though the six-month separation period remains the baseline for most no-fault cases.

Q2: Is there a mandatory waiting period for divorce in Delaware?

Yes. Under 13 Del. C. § 1503(7), the parties must be separated for six or more months before the court will grant a divorce. This waiting period does not apply if the divorce is based on misconduct grounds under 13 Del. C. § 1505(b)(2). During this waiting period, you can still file your petition and begin the process.

Q3: Can I file for divorce before the six-month separation period is up?

Yes. Under 13 Del. C. § 1507(e), you can file the petition at any time after separation begins, provided you meet the residency requirements. The court simply will not make a ruling on the divorce until after six months of separation have elapsed. Filing early is a smart strategic move, as it allows you to complete service, discovery, and negotiation during the waiting period.

Q4: What are the residency requirements for filing for divorce in Delaware?

Under 13 Del. C. § 1504(a), either the petitioner or the respondent must have actually resided in Delaware, or been stationed there as a member of the U.S. armed services, continuously for six or more months immediately before filing the action. Military members stationed in Delaware satisfy this requirement.

Q5: How much does it cost to file for divorce in Delaware?

The base filing fee for a divorce petition in Delaware is approximately $150 to $165, plus a $10 court security fee. Additional costs include service fees ($10–$100), potential publication fees ($25–$80), mediation fees ($100–$300 per hour), and attorney fees ($200–$500 per hour). As of February 2026. Verify with your local clerk. Fee waivers are available for those who qualify based on financial hardship.

Q6: What is the difference between a contested and uncontested divorce in Delaware?

An uncontested divorce occurs when the respondent does not file an answer within 20 days of service or files an answer agreeing to the divorce terms. A contested divorce arises when the respondent files an answer disputing the petition. Uncontested divorces are significantly faster and less expensive, typically concluding within weeks to a few months after the separation period. Contested divorces may take a year or longer due to discovery, mediation, and trial.

Q7: Can I get a divorce in Delaware without a lawyer?

Yes, you can represent yourself (pro se) in a Delaware divorce. The Family Court provides general information and forms to help self-represented litigants. However, the court staff cannot give legal advice. For divorces involving complex property, custody disputes, or significant financial matters, hiring an attorney is strongly recommended. The court may also order one spouse to pay the other's attorney fees based on the parties' relative financial resources (13 Del. C. § 1515).

Q8: Does Delaware require a legal separation before divorce?

Delaware does not have a formal legal separation procedure. However, the parties must be separated for at least six months before the court will finalize a no-fault divorce. Under the statute (13 Del. C. § 1503(7)), separation can occur while the parties still reside under the same roof, provided they occupy separate bedrooms and do not have sexual relations. This is an important distinction: you do not need to maintain two separate households.

Q9: How does Delaware divide property in a divorce?

Delaware follows equitable distribution principles. Under 13 Del. C. § 1513, the court divides marital property fairly, though not necessarily equally, after considering relevant factors such as the length of the marriage, each spouse's financial contributions and needs, and the value of each party's separate property. All property acquired during the marriage is presumed to be marital property regardless of whose name it is in (13 Del. C. § 1513(c)).

Q10: Can the six-month separation period be waived in Delaware?

Yes, but only in limited circumstances. If the divorce is based on misconduct grounds under 13 Del. C. § 1505(b)(2), no separation period is required. Misconduct includes adultery, physical or mental abuse, desertion, habitual drunkenness or drug use, and conviction of a crime resulting in imprisonment for one year or more. The petitioner bears the burden of proving the misconduct allegations to the court's satisfaction.

Important Court Resources

• Delaware Family Court: courts.delaware.gov/family/
• Divorce/Annulment Information: courts.delaware.gov/family/divorce/
• Filing Fees: courts.delaware.gov/help/fees/
• Delaware Code, Title 13, Chapter 15: delcode.delaware.gov/title13/c015/

Disclaimer: This guide is provided for general informational purposes only and does not constitute legal advice. Divorce laws and court procedures may change. The information in this guide is current as of February 2026. For advice specific to your situation, consult a licensed Delaware family law attorney. Filing fees and court costs should be verified directly with your local Family Court clerk's office before filing.