Getting Divorced with Children in Delaware: Complete 2026 Custody, Support & Co-Parenting Guide

Getting divorced with children in Delaware costs $175 to file ($165 petition fee plus a $10 court security fee), requires a six-month separation period before the final decree, and resolves custody under the best-interests-of-the-child standard set in 13 Del. C. § 722. Delaware is a pure no-fault state where the only ground is that the marriage is irretrievably broken under 13 Del. C. § 1505. Parents of children under 18 must complete a court-certified parenting education course and attend mandatory mediation before any custody trial.

Key Facts: Divorce With Children in Delaware (2026)

How Does Divorce With Children Work in Delaware?

Divorce with children in Delaware proceeds through the Family Court under 13 Del. C. § 1505, which permits dissolution only on the no-fault ground that the marriage is irretrievably broken. A parent files a Petition for Divorce, satisfies the six-month residency requirement under 13 Del. C. § 1504(a), and completes a six-month separation before the court enters a final decree. When minor children are involved, custody, residential placement, and child support become separate determinations that the court decides under the best-interests standard, often in proceedings that continue independently of the divorce itself. Delaware Family Court handles the entire matter — divorce, custody, and support — in a single specialized court system designed for family disputes.

The presence of children triggers additional mandatory steps that do not apply to childless divorces. Parents of any child under 18 must complete a certified parenting education program costing no more than $100 per parent (typically around $50). Filing a divorce petition that involves children also activates an automatic preliminary injunction under 13 Del. C. § 1509, prohibiting either parent from removing the children from Delaware without written consent or a court order. These protections ensure stability for children while the legal process unfolds.

What Is the Residency Requirement to File for Divorce in Delaware?

To file for divorce with children in Delaware, either you or your spouse must have lived continuously in the state for at least six months immediately before filing, under 13 Del. C. § 1504(a). Active-duty members of the U.S. armed forces stationed in Delaware for six or more continuous months also satisfy this requirement. There is no separate county-level residency rule.

Delaware imposes a single statewide six-month residency threshold rather than a longer waiting period seen in some states. You file in the Family Court of the county where either spouse resides — New Castle County (Wilmington), Kent County (Dover), or Sussex County (Georgetown). The residency requirement is jurisdictional, meaning the court cannot hear your case without it being met. Military families benefit from a specific accommodation: service members stationed in Delaware count toward residency even if Delaware is not their legal domicile. If neither spouse meets the six-month threshold, the petition will be dismissed, and you must wait until the requirement is satisfied before refiling. Verifying residency early prevents costly delays in cases involving children, where prompt resolution of custody matters often serves the family's interests.

What Are the Grounds for Divorce in Delaware?

Delaware is exclusively a no-fault divorce state. The sole legal ground is that the marriage is irretrievably broken and reconciliation is improbable, under 13 Del. C. § 1505. Courts do not assign blame and will grant a divorce even when one spouse objects, provided the statutory conditions are met.

Under § 1505(b), a marriage qualifies as irretrievably broken through four distinct circumstances. The most common is voluntary separation for at least six months. A marriage is also irretrievably broken when separation results from the respondent's misconduct — including adultery, physical or mental abuse, desertion, habitual drunkenness, drug addiction, or conviction of a crime carrying one or more years of imprisonment. Separation caused by the respondent's mental illness, or by incompatibility without regard to fault, also satisfies the statute. Critically, the misconduct ground under § 1505(b)(2) eliminates the six-month separation requirement, potentially producing a faster divorce — but only if the filing spouse proves the allegations with evidence presented to the court. For most parents, the voluntary-separation route remains the simplest path because it avoids contested evidentiary hearings that can prolong proceedings and heighten conflict harmful to children.

How Is Child Custody Decided in a Delaware Divorce?

Child custody in a Delaware divorce is decided under the best-interests-of-the-child standard in 13 Del. C. § 722, which requires courts to weigh eight statutory factors. Delaware distinguishes between legal custody (decision-making authority over education, health, and welfare) and residential placement (where the child primarily lives). No parent is presumed superior based on sex.

The eight best-interest factors under § 722 are: (1) the wishes of the child's parents regarding custody and residential arrangements; (2) the wishes of the child; (3) the child's interaction and relationships with parents, grandparents, siblings, and other household members; (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; and (8) the criminal history of any party or household member. No single factor is automatically determinative — judges weigh each based on the specific circumstances. Delaware law does not set an age at which a child may choose a custodial parent, but courts give greater weight to mature children who articulate reasoned preferences. Evidence of domestic violence is a mandatory factor, even when not committed in the child's presence.

What Is the Domestic Violence Presumption in Delaware Custody Cases?

Delaware applies a rebuttable presumption that a perpetrator of domestic violence shall not receive sole or joint custody or primary residential placement of a child, under 13 Del. C. § 705A. This presumption is one of the strongest child-protection provisions in Delaware family law and applies even when abuse did not occur in the child's presence.

When credible evidence establishes that a parent committed acts of domestic violence, the court presumes that awarding that parent custody is contrary to the child's best interests. The accused parent bears the burden of rebutting this presumption by demonstrating that custody or contact would nonetheless serve the child's welfare. Courts may order supervised visitation, require completion of a batterer's intervention program, or impose other conditions before restoring contact. Domestic violence also functions as a mandatory factor under the broader § 722 analysis, meaning it influences custody outcomes through two reinforcing statutory channels. Parents experiencing domestic violence should document incidents and may seek a Protection From Abuse order, which can establish temporary custody while the divorce proceeds. The Delaware Domestic Violence Hotline (1-800-701-0456) and the National Domestic Violence Hotline (1-800-799-7233) provide confidential support and safety planning for parents navigating divorce amid abuse.

What Is a Parenting Plan and Is It Required in Delaware?

A parenting plan in Delaware is a written agreement specifying how divorcing parents will share legal custody, residential placement, and decision-making for their children. Delaware Family Court strongly encourages parents to submit a proposed parenting plan, and a court-approved plan becomes a binding custody order enforceable under 13 Del. C. § 728.

An effective Delaware parenting plan addresses several core areas of co-parenting. It allocates legal custody — whether joint or sole — covering major decisions about the child's education, healthcare, and religious upbringing. It establishes a residential schedule, including weekday and weekend time, holiday rotation, school breaks, and summer arrangements. A complete plan also defines transportation logistics for exchanges, communication protocols between parents and with the child, methods for resolving future disputes, and rules for relocation. Delaware courts favor arrangements that maximize each child's continuing relationship with both fit parents. When parents reach agreement through mediation, the resulting parenting plan typically receives judicial approval without a contested hearing, saving time and reducing the emotional toll on children. When parents cannot agree, the court constructs the plan after applying the § 722 factors. A well-drafted parenting plan reduces future co-parenting conflict by anticipating common flashpoints — holidays, extracurricular activities, and schedule changes — before they arise.

How Is Child Support Calculated in Delaware?

Delaware calculates child support using the Melson Formula, a unique three-step method codified in Family Court Civil Rules 500–510 and used by only three states (Delaware, Montana, and Hawaii). For 2026, the formula first reserves a self-support allowance for each parent, then allocates primary support, then applies a Standard of Living Adjustment (SOLA) sharing additional income with the children.

The Melson Formula rests on three principles: each parent is entitled to enough income for basic needs; parents may not retain more than necessary for basic needs while children's needs go unmet; and children share in any additional parental income above subsistence. The 2026 calculation reserves a self-support allowance of approximately $1,570 per month for each parent before support is computed. Primary support is calculated using a formula of roughly $410 per child plus $370, allocated between parents in proportion to their net available incomes. SOLA percentages then share remaining income with the children, ranging from about 12% for one child to 21% for three children. The formula imputes a minimum income of roughly $2,390 per month to a voluntarily unemployed parent. Both parents must support children until age 18, or until age 19 if the child remains enrolled in high school. Work-related childcare costs are added and divided proportionally.

How Much Does It Cost and How Long Does Divorce With Children Take?

The filing fee for divorce with children in Delaware is $175 total — a $165 petition fee plus a $10 court security fee — as of March 2026. Verify current amounts with your local Family Court clerk. Beyond filing, the minimum timeline runs about six to eight months because of the mandatory six-month separation period plus mediation and parenting-education requirements.

Delaware permits filing the petition before the six-month separation completes under 13 Del. C. § 1507(e), which can shorten the overall timeline by four to six weeks compared to waiting. Additional costs include service of process ($10 to $100 depending on method), motion fees ($5 to $25 each), certified copies ($10 per document), and the parenting education class (up to $100 per parent). Indigent filers may apply for a fee waiver by submitting an Affidavit in Support of Application to Proceed in Forma Pauperis; eligibility generally requires income at or below 150% of the federal poverty level, and approval waives all filing and service costs. Contested custody disputes that proceed to trial substantially increase both timeline and expense, often adding attorney fees of several thousand dollars and extending the case well beyond a year.

Delaware Divorce Cost & Timeline Comparison

What Mandatory Steps Apply to Parents in a Delaware Divorce?

Parents divorcing in Delaware with a child under 18 must complete two mandatory steps: a certified parenting education course and Family Court mediation. The parenting class costs no more than $100 per parent (typically around $50) and runs six to eight hours, while mediation must conclude before any custody trial can proceed.

Delaware's parenting education requirement applies to every divorce involving a child under 18. Each county administers its own certified program and sets its own fee within the statutory cap, helping parents understand how to support children through family transition. Mediation is equally mandatory: Delaware Family Court requires it in all custody, visitation, child support, and guardianship proceedings. A court-employed mediator meets with both parents to identify disputed issues and attempt settlement, and no trial occurs until mediation concludes unless the court orders otherwise. The automatic preliminary injunction under 13 Del. C. § 1509 also takes effect upon filing, barring either parent from relocating the children out of Delaware without written consent or court permission. These steps reflect Delaware's policy of prioritizing children's stability and encouraging cooperative co-parenting over adversarial litigation, which research consistently links to better outcomes for children of divorce.