Divorce without children in Delaware requires one spouse to reside in the state for at least six months, a six-month separation period, and a $175 total court filing fee ($165 petition plus $10 security fee). With no children involved, your case skips custody, visitation, and child support entirely, letting an uncontested divorce finalize in roughly 90 to 120 days after the separation requirement is met.
Delaware handles childless divorces through the Family Court under Del. Code tit. 13 § 1505, the sole no-fault ground being irretrievable breakdown of the marriage. Because there are no dependents, the only ancillary matters that can arise are property division and alimony, both governed by separate statutes. This guide explains every step, cost, and timeline for a no kids divorce process in Delaware, with verified 2026 statutes and fees.
Key Facts: Divorce Without Children in Delaware
| Requirement | Delaware Rule | Statute |
|---|---|---|
| Filing Fee | $175 total ($165 petition + $10 security fee) | Family Court fee schedule |
| Waiting Period | 6-month separation before decree issues | § 1505 |
| Residency Requirement | 6 months for either spouse | § 1504 |
| Grounds | Irretrievable breakdown (no-fault only) | § 1505 |
| Property Division Type | Equitable distribution | § 1513 |
As of April 2026. Verify current fees with your local Delaware Family Court clerk before filing.
What Does Divorce Without Children Mean in Delaware?
A divorce without children in Delaware means neither spouse shares biological or legally adopted minor children with the other, so the case involves no custody, visitation, or child support determinations. This removes the most contentious and time-consuming portion of family litigation, reducing a Delaware divorce to two possible ancillary issues: division of marital property and alimony.
When a couple has no dependents, Delaware Family Court processes the petition as a streamlined matter focused solely on dissolving the marriage. The court still requires the same six-month residency and six-month separation, but the absence of children eliminates parenting plans, custody mediation, and support calculations. Roughly 40 to 45 percent of divorce filings nationwide involve couples without minor children, and these cases typically resolve faster and cost less. In Delaware, a simple divorce no children scenario where both spouses agree on property can finalize in about three to four months once the separation period is satisfied under Del. Code tit. 13 § 1505.
Residency Requirements for Delaware Divorce
Delaware requires either the petitioner or the respondent to have continuously resided in the state for six or more months immediately before filing, under Del. Code tit. 13 § 1504. This is a strict jurisdictional threshold, and the Family Court verifies compliance before it will proceed with any divorce, including a childless divorce.
Only one spouse needs to meet the six-month residency requirement, not both. Military members stationed in Delaware for six months satisfy the requirement even if they are legally domiciled in another state. There is no separate county residency period in Delaware, though the petition must be filed in the Family Court of the county where either spouse resides under Del. Code tit. 13 § 1507. Delaware has three counties, each with a Family Court location: New Castle, Kent, and Sussex. If you recently relocated to Delaware, you must wait until you have lived in the state for a full six months before filing your no dependents divorce petition. A narrow exception exists for same-gender marriages solemnized in Delaware where neither spouse currently lives in a state that permits the divorce.
Grounds for Divorce in Delaware
Delaware is a pure no-fault divorce state, and the sole ground is that the marriage is irretrievably broken with reconciliation improbable, under Del. Code tit. 13 § 1505. For most childless divorces, spouses establish irretrievable breakdown through voluntary separation for at least six months, meaning the court never inquires into who caused the marriage to fail.
Under § 1505, a marriage is irretrievably broken when characterized by one of four circumstances: voluntary separation for six months; separation caused by the respondent's misconduct; separation caused by the respondent's mental illness; or separation caused by incompatibility without regard to fault. The misconduct ground under § 1505(b)(2) is unique because it requires no separation period, but it demands the filing spouse prove allegations such as adultery, abuse, desertion, or habitual drunkenness with actual evidence. Most couples pursuing a divorce without children in Delaware use the voluntary separation or incompatibility path, avoiding the evidentiary burden of misconduct entirely. Delaware law explicitly divides property without regard to marital misconduct under § 1513, so proving fault rarely provides any financial advantage in a no-children case.
The Six-Month Separation Requirement
Delaware requires spouses to live separate and apart for six months before the Family Court will enter a final divorce decree, as defined in Del. Code tit. 13 § 1503(8). The petition may be filed immediately after separation begins, allowing the six-month clock to run concurrently with the paperwork and service process, but no decree issues until the full period elapses.
Delaware's definition of separation is broader than many people expect. Under § 1503(8), spouses can be legally separated while still living under the same roof, provided they occupy separate bedrooms and do not have sexual relations during the separation period. This same-roof separation provision helps couples who cannot afford two households complete a childless divorce without one spouse moving out. Courts recognize spouses as separated when they cease functioning as a married couple, meaning no shared bedroom, no shared finances, and no holding themselves out publicly as married. For voluntary separation, if the respondent denies the separation was voluntary, the petitioner must establish mutual consent through a written agreement or proof of separate judicial proceedings. Because the six-month separation typically overlaps with the six-month residency period, many no kids divorces finalize shortly after both thresholds are met.
Filing Fees and Court Costs in Delaware
The total cost to file for divorce in Delaware Family Court is $175, consisting of a $165 petition fee plus a $10 court security fee. This mandatory court cost applies to every divorce petition regardless of income level or whether children are involved, making it identical for a divorce without children in Delaware and one with dependents.
Beyond the base filing fee, service of process adds $10 to $100 depending on the method. Personal service through the county sheriff costs approximately $50, while private process servers charge $75 to $100 for difficult cases. Service by certified mail costs roughly $10 to $15 but requires the respondent to sign and return an acknowledgment. Service by publication, used when a spouse cannot be located, ranges from $25 in Kent County to $30 in Sussex County and up to $80 in New Castle County. Indigent petitioners may apply for a fee waiver by filing an Affidavit in Support of Application to Proceed in Forma Pauperis; approval typically requires household income at or below 150 percent of the federal poverty level, approximately $23,895 for a single-person household in 2026. As of April 2026, verify current fees with your local Delaware Family Court clerk before filing.
Cost Comparison: Contested vs. Uncontested
| Cost Component | Uncontested (No Children) | Contested (No Children) |
|---|---|---|
| Court filing fee | $175 | $175 |
| Service of process | $10 to $100 | $50 to $100 |
| Attorney fees | $0 to $1,500 | $3,000 to $15,000+ |
| Ancillary property hearing | Rarely needed | $1,000 to $5,000+ |
| Typical total | $200 to $2,000 | $5,000 to $20,000+ |
Property Division in a Childless Delaware Divorce
Delaware divides marital property through equitable distribution under Del. Code tit. 13 § 1513, meaning the court allocates assets fairly rather than in an automatic 50/50 split. In a divorce without children, property division is one of only two ancillary matters that can arise, and many couples resolve it entirely through a written settlement agreement, avoiding a court hearing.
All property acquired by either spouse after the marriage is presumed marital property regardless of whose name holds title, under § 1513. The court divides this marital property without regard to marital misconduct, so an affair does not shift the division. Delaware courts weigh eight statutory factors under § 1513(a), including the length of the marriage, each spouse's age, health, income, vocational skills, employability, estate, and needs. Property received by inheritance, bequest, or third-party gift and kept in the recipient's name alone remains separate property and is excluded from division. However, commingling, such as depositing an inheritance into a joint account, can convert separate property into marital property. Delaware courts use tracing to determine an asset's origin and classification. Marital debts are divided under the same equitable principle, meaning debts incurred during the marriage are shared regardless of which spouse's name appears on the account.
Alimony in a No-Children Divorce
Alimony in Delaware is available under Del. Code tit. 13 § 1512 to a spouse who is dependent, lacks sufficient property to meet reasonable needs, and cannot support themselves through employment. In a childless divorce, alimony is the only support question the court considers, since no child support applies, and many short-marriage no-children cases resolve with no alimony at all.
Delaware caps the duration of alimony for most marriages: a spouse may receive alimony for a period not exceeding 50 percent of the length of the marriage, under § 1512. This 50-percent rule means a six-year marriage could produce at most three years of alimony. The exception is marriages of 20 years or longer, where the court may award alimony without a durational limit. The court analyzes equitable distribution of property under § 1513 before setting alimony, because a substantial property award may reduce or eliminate the need for ongoing support. For couples in a simple divorce no children scenario with short marriages and self-supporting spouses, alimony is frequently waived by agreement, further streamlining the case. Alimony terminates automatically upon the remarriage or cohabitation of the recipient or the death of either party.
Step-by-Step: The Delaware No-Children Divorce Process
The Delaware divorce process without children follows a predictable sequence that typically spans 90 to 180 days from filing to final decree, assuming the six-month separation is complete or nearly complete. Because no custody or child support issues exist, the process moves through fewer steps than a divorce involving dependents.
- Confirm eligibility: verify six-month Delaware residency under § 1504 and begin the six-month separation.
- Complete the Petition for Divorce and required affidavits, available through Delaware Family Court, identifying the no-fault ground of irretrievable breakdown.
- File the petition in the Family Court of your county and pay the $175 total fee, or request a fee waiver.
- Serve the respondent through certified mail, sheriff, or private process server.
- The respondent files an Answer within 20 days; in an uncontested case, both spouses can request the divorce proceed on the papers.
- Resolve property division and alimony by written settlement agreement, or request an ancillary hearing if disputed.
- Once the six-month separation is satisfied, the court reviews the file and enters the final divorce decree under § 1505.
Uncontested vs. Contested Divorce Without Children
An uncontested divorce without children in Delaware, where both spouses agree on property division and alimony, can finalize in approximately 90 to 120 days after the separation requirement is met, often without either party appearing in court. A contested childless divorce, where spouses dispute assets or support, requires an ancillary hearing and can extend to 8 to 18 months.
The distinction matters most for cost and timeline. In an uncontested no dependents divorce, spouses submit a signed property settlement agreement and the court grants the decree on the papers, keeping total costs near $200 to $2,000. A contested case triggers discovery, financial disclosures, and a formal ancillary hearing on property under § 1513, driving attorney fees to $5,000 or more per spouse. Delaware Family Court encourages resolution through mediation before scheduling contested hearings. Because childless couples have fewer entangled interests, they resolve uncontested far more often than couples with minor children, who must also negotiate custody. If you and your spouse agree on dividing your marital property and waive or agree on alimony, a divorce without children in Delaware is among the fastest and least expensive family court proceedings available in the state.