Delaware residents can complete much of their divorce process online or remotely, with total court filing fees of $175 and a mandatory 6-month separation period before finalization. The Delaware Family Court provides free downloadable forms, accepts email filings, and allows couples who agree on all terms to finalize an uncontested divorce within 30-90 days after satisfying the separation requirement. This guide explains exactly how online divorce works in Delaware, covering e-filing procedures, required forms, costs, timelines, and strategies for completing your divorce with minimal court appearances.
Key Facts: Delaware Online Divorce at a Glance
| Requirement | Delaware Law |
|---|---|
| Filing Fee | $165 petition fee + $10 security fee = $175 total |
| Waiting Period | 6-month separation required before finalization |
| Residency Requirement | 6 months continuous residence by either spouse |
| Grounds for Divorce | No-fault only (irretrievably broken marriage) |
| Property Division | Equitable distribution (fair, not necessarily equal) |
| E-Filing Available | Email filing accepted; File & ServeXpress for some courts |
| Fee Waiver Available | Yes, via In Forma Pauperis (income at or below 150% FPL) |
What Is Online Divorce in Delaware?
Online divorce in Delaware refers to completing your divorce with minimal or no in-person court appearances by using electronic document preparation, email filing, and virtual hearings where available. Under 13 Del.C. § 1505, Delaware recognizes only no-fault divorce based on an irretrievably broken marriage, which simplifies the process for couples who agree on all terms. The Delaware Family Court accepts email submissions for most civil filings, provides free downloadable form packets on its website, and has streamlined procedures that allow uncontested divorces to proceed without traditional courtroom hearings in many cases.
The total cost for court filing fees in Delaware is $175, which includes the $165 petition fee and a mandatory $10 court security fee as of March 2026. Third-party online divorce document preparation services typically charge an additional $139-$299 to prepare your paperwork, though you can download and complete the official forms yourself at no cost from the Delaware Courts website.
Delaware Residency Requirements for Filing
Under 13 Del.C. § 1504(a), either you or your spouse must have continuously resided in Delaware for at least 6 months immediately before filing your divorce petition. Military members stationed in Delaware for 6 months also satisfy this requirement, even if their legal domicile remains in another state. There is no county-level residency requirement in Delaware, meaning you simply file in the county where either spouse currently lives.
Delaware has three counties, each with a Family Court location: New Castle County (Wilmington), Kent County (Dover), and Sussex County (Georgetown). You may file your papers at any county location, and the paperwork will be transferred to the appropriate court if necessary. This flexibility makes the filing process more convenient for Delaware residents who may work or have other obligations in a different county than where they reside.
Same-Gender Marriage Exception
Under 13 Del.C. § 1504(c), couples who married or converted a civil union in Delaware but no longer reside in the state may still file for divorce in Delaware Family Court. The petition must be filed in the county where one or both parties last resided. This provision addresses situations where same-gender couples married in Delaware but moved to states that might not recognize their marriage.
The 6-Month Separation Requirement Explained
Delaware requires spouses to live separate and apart for at least 6 months before the court will finalize a no-fault divorce. Under 13 Del.C. § 1503(7), separation means the spouses do not share a bedroom and do not engage in sexual relations. Importantly, Delaware law allows spouses to be considered separated even while living under the same roof, provided they maintain separate bedrooms and abstain from marital relations during the separation period.
The 6-month separation period must be complete before the court will rule on your divorce petition. However, 13 Del.C. § 1507(e) permits you to file your petition at any time after separation begins. This early filing strategy allows you to complete service, discovery, and negotiation while the separation clock runs, potentially resulting in the fastest possible timeline once the 6 months conclude.
Reconciliation Attempts Do Not Reset the Clock
Delaware law recognizes that couples may attempt reconciliation during separation. Under 13 Del.C. § 1505(c), bona fide reconciliation efforts, including temporarily sharing a bedroom or resuming sexual relations, will not interrupt the separation period provided that the parties have not occupied the same bedroom or had sexual relations within the 30 days immediately preceding the divorce hearing.
Exception for Misconduct-Based Divorces
If you file for divorce based on your spouse's misconduct, such as adultery, physical or verbal abuse, desertion, or habitual intoxication, the 6-month separation period does not apply. Under 13 Del.C. § 1505(b)(2), misconduct-based divorces can proceed immediately without satisfying any separation requirement. However, most couples pursue no-fault divorce to avoid the complexity and contentiousness of proving misconduct.
How to File for Online Divorce in Delaware: Step-by-Step Process
Filing for divorce in Delaware involves obtaining the correct forms, completing them accurately, filing with the court, serving your spouse, and attending any required hearings. The Delaware Family Court has streamlined this process with comprehensive instruction packets and the ability to file most documents by email.
Step 1: Determine Eligibility and Gather Information
Before filing, confirm that either you or your spouse meets the 6-month residency requirement under 13 Del.C. § 1504. Gather essential information including your marriage date and location, date of separation, information about any minor children, a list of marital assets and debts, and both spouses' income and employment details.
Step 2: Download and Complete Required Forms
The Delaware Family Court provides a free Divorce and Annulment Instruction Packet (Form 1017IP) on its website at courts.delaware.gov/family/divorce/forms.aspx. This packet includes all required forms and detailed instructions for completing them. Required forms typically include:
- Petition for Divorce (initiating the case)
- Civil Case Information Sheet
- Affidavit of Income and Expenses
- Property Declaration
- Child Support worksheets (if children are involved)
- Parenting Plan (if children are involved)
All forms are available in Microsoft Word format, allowing you to complete them electronically before printing for signature.
Step 3: File Your Petition with the Court
You have multiple options for filing your divorce petition in Delaware:
-
In-Person Filing: Visit the Family Court Resource Center in New Castle County (Leonard L. Williams Justice Center, Lower Level 1), Kent County (first floor), or Sussex County (first floor). Bring the original documents, one copy, and the $175 filing fee.
-
Email Filing: The Delaware Family Court accepts email submissions for most civil filings. Contact your county's Resource Center for specific email addresses and instructions. Note that you must still pay the filing fee, typically by mailing a check or money order.
-
Mail Filing: Send your original documents, a copy, and the filing fee to the Family Court in the appropriate county. Include a self-addressed stamped envelope for return of your file-stamped copies.
The court does NOT accept faxed filings.
Step 4: Serve Your Spouse
After filing, you must formally serve your spouse with a copy of the divorce petition and summons. Delaware allows several service methods:
- Personal Service: A sheriff, constable, or private process server delivers documents directly to your spouse. Fees range from $10-$100 depending on the method and server.
- Certified Mail: Documents sent via certified mail with return receipt requested.
- Acceptance of Service: Your spouse signs a form acknowledging receipt of documents.
If your spouse cannot be located, you may request service by publication, though this adds time and cost to the process.
Step 5: Wait for Your Spouse's Response
Your spouse has 20 days (if served within Delaware) or 30 days (if served outside Delaware) to file an Answer to the petition. If your spouse agrees to all terms, they may file a written consent or waiver, allowing the divorce to proceed as uncontested. If no response is filed within the deadline, you may request a default judgment.
Step 6: Complete the Required Parenting Course (If Children Involved)
Delaware requires both parents in divorce cases involving minor children to complete a parent education course. The course, titled For Kids' Sake, costs approximately $50 per person and takes about 4 hours to complete. Online versions of the course are available, making it accessible for remote completion.
Step 7: Finalize Your Divorce
Once the 6-month separation period is satisfied and all paperwork is complete, the court will schedule a final hearing. In uncontested cases where both spouses agree on all terms and have filed the appropriate stipulations, the judge may approve the divorce without requiring either party to appear in person. This remote finalization option makes Delaware divorces particularly amenable to online completion.
Delaware Online Divorce Costs Breakdown
| Expense Category | Typical Cost Range |
|---|---|
| Court Filing Fee | $175 (petition $165 + security $10) |
| Service of Process | $10-$100 |
| Online Document Prep Service | $139-$299 |
| Parenting Course (if children) | $50 per parent |
| Certified Copies | $10 each |
| Attorney (uncontested) | $500-$2,500 |
| Attorney (contested) | $5,000-$30,000+ |
| Mediator (if needed) | $150-$400 per hour |
As of March 2026, verify all fees with your local Delaware Family Court clerk, as amounts may change.
Fee Waiver Eligibility
Delaware Family Court waives the $175 filing fee for petitioners who demonstrate financial hardship through an Application to Proceed In Forma Pauperis (Form 257P). Approval typically requires household income at or below 150% of the federal poverty level, which equals approximately $23,940 for a single-person household in 2026. Additional eligible expenses and circumstances may also qualify applicants for fee waivers.
Delaware Property Division: Equitable Distribution
Under 13 Del.C. § 1513, Delaware follows equitable distribution principles for dividing marital property. The court divides property fairly based on circumstances, though not necessarily equally (50/50). Judges consider 8 statutory factors when determining how to divide marital assets and debts:
- Length of the marriage
- Any prior marriages of either party
- Age, health, income, vocational skills, and employability of each party
- Whether the property award is in lieu of or in addition to alimony
- Each party's opportunity for future acquisitions of capital assets and income
- Each party's contribution or dissipation of marital property, including homemaker contributions
- The value of property set apart to each party
- The economic circumstances of each party when the division becomes effective
All property acquired during the marriage is presumed to be marital property regardless of whose name appears on the title. Separate property, including assets acquired before marriage or received by gift or inheritance during marriage, generally remains with the original owner. However, separate property can become marital property through commingling if spouses mix separate and marital assets together.
Delaware Child Support: The Melson Formula
Delaware uses the Melson Formula to calculate child support, a unique three-step approach developed by Delaware Family Court Judge Elwood F. Melson Jr. in the 1970s. This formula operates as a rebuttable presumption under 13 Del.C. § 514 and Delaware Family Court Civil Rules 500-510.
The Melson Formula first ensures each parent retains a self-support allowance of approximately $1,570 per month before calculating the child's share. It then allocates primary support based on combined parental income and applies a Standard of Living Adjustment (SOLA) to share any remaining income with the children. Delaware is one of only three states (along with Hawaii and Montana) that uses this comprehensive model.
Minimum support orders in Delaware are $160 per month for one child and $240 for multiple children, regardless of parental income, unless the children reside in shared placement or the obligated parent is disabled.
Delaware Alimony: Statutory Factors and Duration Limits
Under 13 Del.C. § 1512, a party may receive alimony only if they qualify as a dependent party who: (1) depends on the other spouse for support, (2) lacks sufficient property to meet their own reasonable needs, and (3) cannot support themselves through appropriate employment or serves as custodian of a child whose condition makes employment inappropriate.
Delaware courts consider 10 statutory factors when determining alimony, including the standard of living during the marriage, duration of the marriage, age and health of both parties, contributions to each other's education or career, tax consequences, and any foregone opportunities during the marriage.
Duration Limits
Delaware imposes specific duration limits on alimony eligibility:
- Marriages under 20 years: Alimony may not exceed 50% of the marriage length
- Marriages of 20 years or longer: No time limit on eligibility, though factors still apply
Alimony terminates upon the death of either party, remarriage of the recipient, or cohabitation of the recipient with another adult.
Delaware Divorce Timeline
| Divorce Type | Typical Timeline |
|---|---|
| Uncontested (separation satisfied) | 30-90 days |
| Uncontested (filing during separation) | 6-8 months |
| Contested (moderate complexity) | 12-18 months |
| Contested (high-asset or custody disputes) | 18-24+ months |
The minimum timeline for any Delaware divorce is approximately 6 months due to the mandatory separation period. If you file early under 13 Del.C. § 1507(e), you can complete procedural steps concurrently with the separation period, positioning your case for the fastest possible finalization once the 6 months conclude.
Third-Party Online Divorce Services in Delaware
Several third-party online divorce services offer document preparation assistance for Delaware residents. These services typically cost $139-$299 and provide completed forms based on your answers to a questionnaire. Popular services include:
- DivorceWriter
- OnlineDivorce
- 3StepDivorce
- CompleteCase
These services prepare your documents electronically, but you must still print, sign, notarize where required, and file the papers with the Delaware Family Court yourself. They do not provide legal advice or represent you in court. Online divorce services work best for truly uncontested cases where both spouses agree on all terms including property division, child custody, and support.
When Online Divorce May Not Be Appropriate
Online divorce is not suitable for every situation. Consider consulting with a Delaware family law attorney if:
- Your spouse contests the divorce or disagrees on terms
- You have significant assets, business interests, or retirement accounts to divide
- Domestic violence or abuse is present
- Complex custody disputes exist
- Your spouse has hidden assets or income
- You have questions about your legal rights
For contested divorces or cases involving complex financial or custody issues, professional legal representation provides crucial protection of your interests.