Filing for divorce in Delaware requires a $165 filing fee plus a $10 court security fee, a six-month residency requirement for at least one spouse, and a mandatory six-month separation period before the court will grant the final decree. Delaware is a purely no-fault divorce state where the only recognized ground is that the marriage is irretrievably broken under 13 Del.C. § 1505. An uncontested divorce can be finalized in 30 to 90 days after meeting the separation requirement, while contested divorces typically take 12 to 18 months or longer.
Key Facts About Delaware Divorce
| Requirement | Details |
|---|---|
| Filing Fee | $165 + $10 security fee = $175 total (as of March 2026) |
| Residency Requirement | 6 months for either spouse |
| Separation Period | 6 months (waived for misconduct-based filings) |
| Grounds for Divorce | No-fault only (irretrievable breakdown) |
| Property Division | Equitable distribution |
| Waiting Period After Filing | 20 days for response; 30-90 days uncontested |
| Parenting Course | Required if minor children involved |
Delaware Residency Requirements for Divorce
To file for divorce in Delaware, either you or your spouse must have lived continuously in Delaware for at least six months immediately before filing the petition, per 13 Del.C. § 1504(a). Military personnel stationed in Delaware for six months also satisfy this requirement. Delaware has no county-level residency requirement, meaning you may file in any of the three counties: New Castle, Kent, or Sussex.
The six-month residency requirement applies to either spouse, not necessarily the person filing the petition. This flexibility allows the non-filing spouse to establish residency if the filing spouse does not meet the requirement. 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 the state, provided no other jurisdiction will hear the case.
Military Personnel Filing in Delaware
Active-duty military members stationed at Dover Air Force Base or other Delaware installations qualify for divorce filing after six months of continuous stationing. The Servicemembers Civil Relief Act (SCRA) provides additional protections, including the right to request a stay of proceedings during active deployment. Approximately 4,000 active-duty personnel are stationed in Delaware, making military divorce a significant portion of Family Court filings.
Grounds for Divorce in Delaware
Delaware is exclusively a no-fault divorce state, meaning the only recognized ground is that the marriage is irretrievably broken and reconciliation is improbable under 13 Del.C. § 1505. The stated purpose of Delaware divorce law includes making irretrievable breakdown the sole basis for dissolution and permitting divorce even when one spouse objects. Courts will not assign blame to either party for the marriage ending.
The irretrievable breakdown can be demonstrated through several circumstances:
- Voluntary separation by both parties for at least six months
- Separation caused by the respondent's misconduct (adultery, abuse, desertion)
- Separation caused by mental illness of the respondent
- Incompatibility requiring at least six months of living separate and apart
What Qualifies as Separation in Delaware
Delaware law defines separation broadly. Under 13 Del.C. § 1503(7), spouses can be legally separated while still living in the same household, provided they sleep in separate bedrooms and do not engage in sexual relations during the separation period. This in-home separation provision helps couples who cannot afford to maintain two households during the divorce process, reducing financial strain while still meeting legal requirements.
Exception for Misconduct-Based Filings
If you file based on separation caused by your spouse's misconduct, the six-month separation period does not apply. Recognized forms of misconduct include physical, mental, or psychological abuse, adultery, and desertion. However, filing on misconduct grounds requires presenting evidence to the court, which can extend the timeline and increase costs compared to a standard no-fault filing.
How to File for Divorce in Delaware: Step-by-Step Process
Filing for divorce in Delaware involves completing specific forms, paying the $175 filing fee, serving your spouse, and attending required hearings or courses. The process takes approximately six months minimum for uncontested divorces and 12 to 18 months for contested cases. Follow these steps to ensure proper filing with the Delaware Family Court.
Step 1: Gather Required Documents
Before filing, collect the following documents:
- Original or certified copy of your marriage certificate
- Form 441 (Vital Statistics Sheet) or Form 441SS (Same-Sex Marriage)
- Form 442 (Petition for Divorce/Annulment)
- Form 279 (Affidavit of Children's Rights) if you have minor children
- Financial affidavit documenting income, assets, and debts
- Parenting plan if children are involved
All forms are available free from the Delaware Courts website at courts.delaware.gov/family/divorce/forms.aspx. The Divorce Instruction Packet (Form 1017IP) provides detailed guidance for completing each document correctly.
Step 2: Complete the Petition for Divorce
The Petition for Divorce (Form 442) requires information about both spouses, the marriage, children, property, and the grounds for divorce. When completing this form, indicate that the marriage is irretrievably broken and specify whether you seek relief regarding property division, alimony, child custody, or child support. Be thorough but accurate; errors may delay processing or require amended filings.
Step 3: File Your Petition with the Family Court
Submit your completed petition and supporting documents to the Delaware Family Court. In New Castle County, file at the Resource Center on Lower Level 1 of the Leonard L. Williams Justice Center. In Kent and Sussex Counties, file at the Resource Centers on the first floor of the Family Court buildings. The $165 filing fee plus $10 court security fee ($175 total) is due at filing. Payment options include cash, check, or money order payable to the Delaware Family Court.
Step 4: Serve Your Spouse
After filing, you must legally notify your spouse of the divorce proceedings through service of process. Delaware accepts three service methods:
- Sheriff service ($10-$50 depending on county)
- Certified mail with return receipt ($10-$20)
- Private process server ($50-$100)
Service must be completed according to 13 Del.C. § 1508. If your spouse cannot be located after diligent search, you may petition for service by publication, which costs $25-$80 for newspaper notices.
Step 5: Wait for Response
Your spouse has 20 days from service to file an answer or responsive pleading under 13 Del.C. § 1509. If your spouse agrees to the divorce terms, the case proceeds as uncontested. If your spouse files a counter-petition or disputes any terms, the case becomes contested and will require additional hearings, mediation, or trial.
Step 6: Complete Parenting Education (If Applicable)
If you have minor children under age 18, both parents must complete a certified Parent Education Course before the court will finalize the divorce. Course fees range from $25-$100 per parent. Certificates of completion must be filed with the court. The court cannot proceed with the divorce until both certificates are submitted.
Step 7: Attend Hearings or File for Uncontested Resolution
For uncontested divorces where both parties agree on all terms, you may file a Motion to Proceed Without a Hearing. This allows the court to grant the divorce without requiring in-person attendance. For contested divorces, expect multiple hearings for temporary orders, discovery disputes, and trial. Mediation may be required before trial, costing $100-$300 per hour.
Step 8: Receive Final Decree
Once all requirements are met and the six-month separation period has passed, the court issues a Final Decree of Divorce. This document officially ends the marriage and sets forth all orders regarding property division, alimony, child custody, and child support. The decree becomes effective immediately upon signing by the judge.
Delaware Divorce Timeline: How Long Does It Take
An uncontested divorce in Delaware takes approximately 6 to 9 months total, including the mandatory six-month separation period. Contested divorces typically require 12 to 18 months or longer depending on the complexity of issues and court scheduling. Understanding these timelines helps set realistic expectations for the divorce process.
Uncontested Divorce Timeline
| Phase | Timeframe |
|---|---|
| Separation period | 6 months minimum |
| Filing and service | 1-2 weeks |
| Response period | 20 days |
| Parenting course (if children) | 2-4 weeks |
| Final hearing or decree | 2-8 weeks |
| Total minimum | 6-9 months |
Early filing under 13 Del.C. § 1507(e) allows procedural steps to run concurrently with the separation period. This means you can file the petition, complete service, wait for response, and finish the parenting course while the six-month separation clock runs, potentially resulting in the fastest possible divorce timeline.
Contested Divorce Timeline
| Phase | Timeframe |
|---|---|
| Separation period | 6 months minimum |
| Filing, service, and response | 1-2 months |
| Discovery and disclosure | 3-6 months |
| Mediation | 1-2 months |
| Trial preparation | 2-3 months |
| Trial and decision | 1-3 months |
| Total typical range | 12-24 months |
Contested divorces involving substantial assets, business valuations, or custody disputes may exceed 24 months. Complex property division requiring forensic accountants or custody evaluations requiring guardian ad litem reports add significant time and expense to the process.
Delaware Divorce Costs: Filing Fees and Additional Expenses
The minimum cost for a DIY uncontested divorce in Delaware is $175 in mandatory court fees. Total costs including attorney fees for contested divorces range from $10,000 to $30,000 or more. Understanding all potential costs helps you budget appropriately for the divorce process.
Court Filing Fees (As of March 2026)
| Fee Type | Amount |
|---|---|
| Petition filing fee | $165 |
| Court security fee | $10 |
| Service by Sheriff | $10-$50 |
| Certified mail service | $10-$20 |
| Private process server | $50-$100 |
| Publication service | $25-$80 |
| Motion fees | $5-$25 each |
| Certified copies | $10 each |
Verify current fees with your local Delaware Family Court clerk before filing, as fees may change.
Additional Costs
- Parenting education course: $25-$100 per parent
- Mediation fees: $100-$300 per hour
- Guardian ad litem (custody evaluations): $2,500-$5,000
- Attorney fees: $200-$500 per hour
- Property appraisals: $300-$500 per property
- Business valuations: $5,000-$25,000
- QDRO preparation (retirement accounts): $500-$1,500
Fee Waivers for Low-Income Filers
Delaware offers fee waivers through In Forma Pauperis applications for qualifying low-income individuals. Approval typically requires income at or below 150% of the federal poverty level, approximately $23,895 for a single-person household in 2026. If approved, court fees are waived entirely, reducing the minimum cost of divorce to $0 in court fees.
Property Division in Delaware Divorce
Delaware follows equitable distribution principles for dividing marital property, meaning assets are divided fairly but not necessarily equally under 13 Del.C. § 1513. The court considers numerous statutory factors when determining a fair division, and marital misconduct is explicitly excluded from consideration. In practice, Delaware courts often divide marital property with approximately 60-67% going to the higher-earning spouse and 33-40% to the lower-earning spouse.
Marital vs. Separate Property
All property acquired by either spouse during the marriage is presumed to be marital property under 13 Del.C. § 1513(c), regardless of how it is titled. Separate property includes assets acquired before marriage, gifts, and inheritances received by one spouse during marriage. Separate property can become marital property through commingling, such as when one spouse deposits an inheritance into a joint account used for household expenses.
Factors Considered in Property Division
The court evaluates multiple factors under 13 Del.C. § 1513(a):
- Each spouse's contribution to acquiring, preserving, or appreciating marital property
- Contributions as a homemaker
- The value of each party's separate property
- Economic circumstances of each party at division time
- Length of the marriage
- Age, health, and station of the parties
- Tax consequences of the division
- Whether either party will serve as custodian of dependent children
- Vocational skills and employability of each party
- Opportunity for future acquisition of assets and income
Retirement Accounts and QDROs
Retirement accounts and pensions accumulated during marriage are subject to equitable distribution. Delaware courts issue Qualified Domestic Relations Orders (QDROs) to divide 401(k)s, pensions, and other retirement benefits. A properly drafted QDRO allows the non-employee spouse to receive their share without early withdrawal penalties. QDRO preparation costs $500-$1,500 through specialized attorneys.
Alimony in Delaware Divorce
Delaware awards alimony only to a dependent party who lacks sufficient property to meet reasonable needs and cannot support themselves through appropriate employment under 13 Del.C. § 1512. Alimony duration is capped at 50% of the marriage length for marriages under 20 years; marriages of 20 years or longer have no statutory time limit on alimony eligibility.
Eligibility Requirements
To receive alimony, a party must demonstrate:
- Dependence on the other party for support
- Insufficient property (including marital property awards) to provide for reasonable needs
- Inability to support themselves through appropriate employment, or status as custodian of a child whose condition makes employment inappropriate
Alimony Factors
The court considers all relevant factors under 13 Del.C. § 1512(c), including:
- Financial resources of the party seeking alimony
- Time and expense required to obtain education or training for employment
- Standard of living established during the marriage
- Financial contributions made by either party to the other's education or career
- Ability of the paying party to meet their own needs while paying alimony
Termination of Alimony
Alimony automatically terminates upon the death of either party, remarriage of the recipient, or cohabitation by the recipient with another adult in a relationship where they hold themselves out as a couple. Recipients have an ongoing obligation to make good faith efforts to seek employment unless the court specifically finds this would be inequitable.
Child Custody in Delaware Divorce
Delaware courts determine custody based on the child's best interests under 13 Del.C. § 722. Courts make no presumption favoring one parent based on gender and generally favor arrangements allowing both parents meaningful involvement in the child's life. There are two types of custody: legal custody (decision-making authority) and physical custody (where the child lives).
Best Interest Factors
The court considers multiple factors when determining custody:
- Custodial and residential preferences of both parents
- Preferences of the child (if age-appropriate)
- Child's relationships with parents, siblings, and significant others
- Child's adjustment to home, school, and community
- Mental and physical health of all parties
- History of domestic violence or criminal activity
- Willingness of each parent to facilitate relationship with the other parent
Parenting Plans and Schedules
Delaware requires parents to submit a parenting plan addressing:
- Legal custody arrangements (joint or sole)
- Physical custody schedule
- Holiday and vacation schedules
- Transportation arrangements
- Communication protocols between parents
- Decision-making procedures for education, healthcare, and religious upbringing
Common custody schedules include alternating weeks (50/50), every other weekend plus one weeknight (70/30), and summer/holiday sharing for long-distance arrangements.
Filing for Divorce in Delaware Online
Delaware Family Court does not currently offer fully electronic divorce filing for self-represented litigants. However, you can download all required forms from the Delaware Courts website at courts.delaware.gov/forms/list.aspx?sec=Forms&sub=Divorce and complete them electronically before printing for filing. Some counties accept mailed filings, reducing the need for in-person courthouse visits.
Online Resources for Delaware Divorce
The Delaware Courts website provides extensive self-help resources:
- Divorce Instruction Packet (Form 1017IP) with step-by-step guidance
- All required forms available for download in PDF format
- Family Court Resource Centers offering free assistance
- Frequently asked questions and procedural information
Third-Party Online Divorce Services
Online divorce preparation services cost $150-$500 and provide document preparation assistance for uncontested divorces. These services do not replace attorney representation and cannot provide legal advice. They simply help complete required forms based on your answers to questionnaires. Court filing and service still require in-person or mail submission to Delaware Family Court.
Frequently Asked Questions About Delaware Divorce
How long do you have to be separated before filing for divorce in Delaware?
Delaware requires a six-month separation period before the court will grant a divorce under 13 Del.C. § 1507(e). However, you can file the petition before completing the separation period; the court simply will not sign the final decree until six months have passed. Separation can occur while living in the same home if you maintain separate bedrooms and abstain from sexual relations.
What is the filing fee for divorce in Delaware?
The filing fee for divorce in Delaware is $165 plus a $10 court security fee, totaling $175 as of March 2026. Additional costs include service fees ($10-$100), motion fees ($5-$25), and certified copy fees ($10 each). Low-income filers may qualify for fee waivers through In Forma Pauperis applications if income is at or below 150% of the federal poverty level.
Can I file for divorce in Delaware if my spouse lives in another state?
Yes, you can file for divorce in Delaware if you meet the six-month residency requirement, regardless of where your spouse lives. You must properly serve your spouse under Delaware law, which may require service by publication if their address is unknown. The Delaware court will have jurisdiction over the divorce itself but may have limited ability to divide property or order support from a non-resident spouse without their consent to jurisdiction.
How long does an uncontested divorce take in Delaware?
An uncontested divorce in Delaware takes approximately 6 to 9 months total. The mandatory six-month separation period accounts for most of this time. Once separation is complete and all paperwork is filed, an uncontested divorce can be finalized in 30 to 90 days. Filing early allows procedural steps to run concurrently with the separation period.
Does Delaware require mediation before divorce?
Delaware does not mandate mediation for all divorce cases, but courts may order mediation for contested custody or property disputes. Mediation costs $100-$300 per hour and is typically split between the parties. The court may also require attendance at a settlement conference before scheduling trial. For divorces involving minor children, both parents must complete a Parent Education Course regardless of whether the divorce is contested.
How is property divided in a Delaware divorce?
Delaware uses equitable distribution to divide marital property under 13 Del.C. § 1513. Equitable means fair, not necessarily equal. The court considers factors including each spouse's contributions to the marriage, length of marriage, age and health of parties, and economic circumstances. In practice, divisions often range from 50/50 to 67/33 depending on the specific circumstances. Separate property (assets acquired before marriage, gifts, inheritances) remains with the original owner.
Can I get alimony in a Delaware divorce?
Alimony in Delaware is available only to a dependent party who cannot meet reasonable needs through property awards and employment under 13 Del.C. § 1512. For marriages under 20 years, alimony eligibility is capped at 50% of the marriage duration. Marriages of 20 years or longer have no time cap. Alimony terminates upon remarriage or cohabitation of the recipient.
What if my spouse won't sign the divorce papers in Delaware?
Delaware allows divorce even when one spouse objects. If your spouse refuses to sign or fails to respond to the petition within 20 days, the case may proceed as a default divorce. The court can grant the divorce on grounds of irretrievable breakdown regardless of the other spouse's consent. However, contested issues like property division and custody will require hearings and potentially trial.
Do I need a lawyer to file for divorce in Delaware?
No, you can file for divorce in Delaware without an attorney (pro se filing). The Delaware Family Court provides self-help resources, instruction packets, and Resource Centers in each county to assist unrepresented litigants. However, attorney representation is recommended for contested divorces, cases involving substantial assets, business ownership, or complex custody disputes. Attorney fees range from $200-$500 per hour.
Can I change my name during the Delaware divorce?
Yes, you can request restoration of your maiden name or a former name as part of the divorce proceeding. Include this request in your petition, and the court will order the name change in the final decree at no additional cost. This is more efficient than filing a separate name change petition, which would require additional fees and hearings.