A fast divorce in Delaware takes about six months from separation to final decree, with a filing fee of roughly $165 plus a $10 court security fee. The quickest way to get divorced in Delaware is an uncontested no-fault case filed in Family Court under 13 Del. C. § 1505, where both spouses agree the marriage is irretrievably broken.
Delaware does not offer a true "summary dissolution" like California, but an uncontested filing is the fastest divorce process available. This guide, prepared by Antonio G. Jimenez, Esq. (Florida Bar No. 21022, covering Delaware divorce law), explains every step, cost, and timeline so you can move as quickly as the statute allows.
Key Facts: Fast Divorce in Delaware (2026)
| Factor | Delaware Rule | Statute |
|---|---|---|
| Filing Fee | ~$165 filing fee + $10 court security fee (≈$175 total) | Family Court schedule |
| Waiting Period | 6-month separation before final decree | 13 Del. C. § 1505 |
| Residency Requirement | Either spouse resident 6 months before filing | 13 Del. C. § 1504 |
| Grounds | Irretrievable breakdown (no-fault) or marital misconduct | 13 Del. C. § 1505 |
| Property Division Type | Equitable distribution (not 50/50) | 13 Del. C. § 1513 |
Filing fees and court costs are current as of March 2026. Verify with your local Family Court clerk before filing, as amounts change annually.
How Fast Can You Get Divorced in Delaware?
The fastest divorce in Delaware takes approximately six months, driven by the mandatory separation period under 13 Del. C. § 1505. You may file the divorce petition immediately after separating, but the Family Court cannot enter a final decree until six full months of separation have elapsed. An uncontested case with a signed agreement can be finalized within days after that six-month mark.
Delaware's six-month clock is the single biggest factor controlling your timeline. Unlike states with a 90-day cooling-off period, Delaware anchors its no-fault process to actual separation rather than the filing date. This means the smartest strategy for a quick divorce is to establish your separation date early, file the petition before the six months expire, and have all paperwork ready so the court can rule the moment you become eligible. A well-prepared uncontested case rarely adds meaningful time beyond the statutory minimum. Building a personalized divorce roadmap helps you sequence these steps correctly from day one.
What Is the Fastest Divorce Process in Delaware?
The fastest divorce process in Delaware is an uncontested no-fault filing, where spouses agree on all issues and finalize in roughly six months for about $175 in court costs. Contested divorces involving disputed property, custody, or support routinely take 12 to 24 months. The quickest way to get divorced is to resolve every issue by written agreement before the court reviews the case.
Delaware's Family Court handles all divorce cases through a standardized process centered on the Petition for Divorce and a supporting Affidavit. In an uncontested matter, the respondent either signs a waiver of service or files an answer that does not dispute the divorce. Because no trial or hearing on the merits is required when both parties agree, the judge can grant the divorce on the paperwork alone once the separation requirement is met. This administrative efficiency is why uncontested cases dominate the fast-divorce category. Couples who reach agreement on equitable distribution of assets avoid the ancillary hearings that stretch contested cases past the one-year mark.
Contested vs. Uncontested Timeline Comparison
| Divorce Type | Typical Timeline | Key Driver | Approximate Cost |
|---|---|---|---|
| Uncontested (no-fault) | 6-7 months | Statutory 6-month separation | $175 court + minimal legal |
| Uncontested with ancillary matters | 7-10 months | Property/support paperwork | $175 + $1,500-$5,000 legal |
| Contested | 12-24 months | Discovery, hearings, trial | $175 + $8,000-$25,000+ legal |
Delaware Residency Requirements for a Quick Divorce
To file for divorce in Delaware, either spouse must have resided in the state continuously for at least six months immediately before filing, under 13 Del. C. § 1504. There is no separate county residency requirement. Military personnel stationed in Delaware for six months satisfy this threshold regardless of their legal domicile.
The residency rule runs parallel to the separation requirement, so many Delaware residents complete both clocks simultaneously. If you have lived in Delaware for years, residency is not a barrier and the six-month separation period becomes your only real waiting time. Newcomers, however, must complete six months of Delaware residency before the court has jurisdiction to hear the case at all. Under 13 Del. C. § 1507, the petition is filed in the Family Court of the county where either spouse resides — New Castle, Kent, or Sussex. Establishing clear residency through a lease, driver's license, or voter registration prevents jurisdictional challenges that can delay or dismiss a rushed filing.
Delaware Grounds for Divorce: No-Fault vs. Fault
Delaware grants divorce on the ground that the marriage is irretrievably broken, established through voluntary separation, separation caused by respondent misconduct, separation caused by mental illness, or incompatibility, under 13 Del. C. § 1505. No-fault by separation and incompatibility is the standard fast path. Fault-based grounds such as adultery or desertion exist but rarely speed up the process.
For a quick divorce, incompatibility and voluntary separation are the practical grounds nearly all couples use. Delaware defines separation to include spouses living in the same home if they occupy separate bedrooms and do not have sexual relations, which allows financially constrained couples to start the clock without moving out. Importantly, the six-month separation requirement may be waived where the parties stipulate in writing that the marriage is irretrievably broken due to incompatibility — but as a practical matter Delaware courts still apply the separation framework, so most petitioners plan around the full six months. Fault grounds like adultery or extreme cruelty do not shorten the timeline and instead invite contested litigation, undermining any speed advantage. Learn more about child custody arrangements if minor children are involved, as custody disputes are the most common reason a no-fault case slows down.
Step-by-Step: Filing a Fast Divorce in Delaware
Filing a fast divorce in Delaware involves five core steps: establish your separation date, complete residency, file the Petition and Affidavit in Family Court, serve your spouse, and submit a signed agreement so the judge can rule after six months. The full court cost is approximately $175, and uncontested cases require no trial.
- Confirm eligibility. Verify six months of Delaware residency under 13 Del. C. § 1504 and mark your separation date, since the six-month separation clock is the controlling deadline.
- Prepare the paperwork. Complete the Petition for Divorce/Annulment, the Information Sheet, and the required Affidavit. Accuracy here prevents rejected filings that reset your progress.
- File in the correct county. Submit to the Family Court of New Castle, Kent, or Sussex County where either spouse lives, paying the ≈$165 filing fee plus the $10 court security fee.
- Serve your spouse. Use certified mail, personal service, or a signed voluntary appearance/waiver. A cooperative spouse who waives formal service accelerates the case significantly.
- Finalize. Once six months of separation have elapsed and any property division and custody terms are agreed, the court enters the final decree, typically on the paperwork alone.
Many petitioners handle uncontested cases without a lawyer, but if assets, retirement accounts, or custody are contested, you should find a divorce attorney early. A single procedural error on a contested matter can cost more time than professional help would have taken.
Delaware Property Division and Its Effect on Speed
Delaware divides marital property by equitable distribution under 13 Del. C. § 1513, meaning a fair — not necessarily equal — division based on factors like each spouse's contribution, length of marriage, and economic circumstances. Property disputes are the second most common cause of divorce delay after custody, often adding 6 to 18 months.
Equitable distribution gives Delaware judges broad discretion, which is a double-edged sword for speed. When spouses agree on how to divide the house, retirement accounts, vehicles, and debts, the court simply ratifies the agreement and the case stays fast. When they disagree, the court schedules ancillary hearings, orders financial disclosures, and may require appraisals or expert testimony — each step consuming months. Delaware weighs eleven statutory factors, including whether either party dissipated assets and the opportunity of each for future income. The takeaway for a fast divorce is straightforward: settle property before the six-month mark. Use the property division calculator to model outcomes, then memorialize the split in a written Marital Settlement Agreement. Couples who negotiate rather than litigate distribution routinely finalize in the statutory minimum, while those who fight can double or triple their timeline and legal costs.
How Much Does a Fast Delaware Divorce Cost?
A fast, uncontested Delaware divorce costs approximately $175 in court fees — a filing fee of roughly $165 plus a $10 court security fee — as of March 2026. Attorney costs add $1,500 to $5,000 for a straightforward uncontested case, while contested divorces can exceed $15,000 to $25,000 in legal fees. Fee waivers exist for petitioners who cannot afford the filing cost.
The court filing fee is the only unavoidable cost, and it is modest by national standards. Delaware also charges smaller fees for certified copies of the final decree, typically under $10 each. Petitioners who demonstrate financial hardship can apply to the Family Court for a fee waiver, removing the upfront cost barrier entirely. The larger expense variable is legal representation, which scales directly with conflict: a fully agreed no-fault case may need only a few hours of attorney time to review documents, whereas a contested case with discovery, motions, and trial can run tens of thousands of dollars. Verify current amounts with your county Family Court clerk, as the fee schedule is updated periodically. Controlling cost and controlling speed are the same goal in Delaware — both reward early agreement.
Common Mistakes That Slow Down a Delaware Divorce
The most common mistakes that delay a Delaware divorce are miscalculating the separation date, filing in the wrong county, submitting incomplete affidavits, and litigating property or custody that could be settled. Each error can add weeks to months, and paperwork rejections force petitioners to restart portions of the process.
Delaware's six-month separation requirement under 13 Del. C. § 1505 is unforgiving, so an inaccurate or unprovable separation date is the single most damaging mistake. Petitioners sometimes assume the clock starts at filing rather than at physical or in-home separation, then discover the court will not finalize on their expected date. A second frequent error is failing to properly serve the respondent, which stalls the case until valid service is completed. Incomplete financial affidavits and missing signatures trigger clerk rejections that quietly consume time. Finally, treating a divorce as a battlefield when the issues are actually resolvable converts a six-month process into a multi-year one. The fastest divorce process in Delaware belongs to petitioners who prepare thoroughly, communicate with their spouse, and reserve litigation only for genuinely irreconcilable disputes. A personalized divorce roadmap flags these pitfalls before they cost you time.