Divorcing spouses in Delaware make preventable mistakes that cost them thousands of dollars, damage their custody cases, and extend proceedings by months. Delaware Family Court requires a 6-month separation period under 13 Del. C. § 1505, applies equitable distribution of marital property under 13 Del. C. § 1513, and caps alimony at 50% of the marriage length under 13 Del. C. § 1512. Understanding what not to do during divorce in Delaware is just as critical as knowing the legal process itself. This guide covers the 10 biggest divorce mistakes Delaware filers make and how to avoid each one.
Key Facts: Delaware Divorce at a Glance
| Requirement | Details |
|---|---|
| Filing Fee | $165 ($155 filing + $10 security fee). As of April 2026. Verify with your local clerk. |
| Residency Requirement | At least 1 spouse must reside in Delaware for 6 continuous months before filing (13 Del. C. § 1504) |
| Grounds for Divorce | No-fault only: marriage is "irretrievably broken" (13 Del. C. § 1505) |
| Separation Requirement | 6 months of living separate and apart before the court grants a divorce |
| Property Division | Equitable distribution (13 Del. C. § 1513) |
| Alimony Duration Cap | 50% of the marriage length; no cap for marriages of 20+ years (13 Del. C. § 1512) |
| Post-Filing Waiting Period | Minimum 30 days after filing before the court can issue a final decree |
| Answer Deadline | Respondent has 20 days to file an Answer after service |
1. Do Not Hide Assets or Income From the Court
Delaware Family Court requires both spouses to complete Form 465, the Ancillary Financial Disclosure Report, within 30 days of the final divorce decree under Family Court Rule 16(c). Hiding assets, underreporting income, or failing to disclose retirement accounts is one of the biggest divorce mistakes a Delaware spouse can make. The court considers this fraud, and the consequences are severe.
Delaware judges evaluate 8 statutory factors under 13 Del. C. § 1513 when dividing marital property. Factor 6 specifically addresses the "contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property." A spouse who hides a $50,000 brokerage account or fails to disclose a pension is engaging in dissipation. Delaware courts routinely award a disproportionate share of marital assets to the honest spouse when the other party conceals property.
If neither party completes the Ancillary Financial Disclosure Report, Delaware Family Court dismisses the application for ancillary relief with prejudice, meaning the case cannot be refiled. Sanctions for non-compliance include contempt of court, attorney fee awards to the opposing party, and adverse inferences drawn against the hiding spouse. Full financial transparency is not optional in Delaware divorce proceedings.
2. Do Not Move Out of Delaware Before Filing
Delaware requires at least one spouse to have been a continuous resident of the state for a minimum of 6 months immediately before filing a divorce petition under 13 Del. C. § 1504(a). If both spouses leave Delaware before one of them files, the Family Court loses jurisdiction entirely. This is a common divorce error that forces couples to start over in another state with different laws, different filing fees, and potentially less favorable property division rules.
Members of the U.S. armed forces stationed in Delaware satisfy the residency requirement regardless of their legal domicile, per 13 Del. C. § 1504. Civilian spouses should confirm their 6-month continuous residency is established before relocating for a new job, moving in with family, or leaving the state for any other reason. Delaware has only 3 counties (New Castle, Kent, and Sussex), and the filing must occur in the county where the petitioner resides. Moving to a different Delaware county during the separation period does not destroy residency but does change the filing venue.
3. Do Not Dissipate Marital Assets
Delaware courts define dissipation as the intentional waste, destruction, or depletion of marital assets for purposes unrelated to the marriage during the divorce process. Under 13 Del. C. § 1513, the court must consider "the contribution or dissipation of each party" when dividing property. Spending $20,000 on a new romantic partner, gambling away retirement savings, or running up $15,000 in credit card debt on luxury purchases during the separation period constitutes dissipation under Delaware law.
The financial consequences of dissipation are significant. Delaware Family Court judges can credit the dissipated amount to the offending spouse's share of the marital estate, effectively reducing their property award dollar-for-dollar. A spouse who drains a $40,000 joint savings account during the divorce may receive $40,000 less in the final property division. Maintaining the financial status quo during the divorce process is one of the most important steps Delaware spouses can take to protect their equitable distribution outcome.
4. Do Not Badmouth Your Spouse in Front of the Children
Delaware Family Court determines custody based on 6 statutory best-interest factors under 13 Del. C. § 722. Factor 3 evaluates the "interaction and interrelationship of the child with parents, grandparents, siblings, and persons cohabiting with a parent." A parent who consistently disparages the other parent in front of the children damages that interrelationship, and Delaware judges consider this behavior when awarding custody and residential placement.
Delaware law explicitly states that the court shall not presume that either parent, because of sex, is better qualified as a custodian under 13 Del. C. § 722. Factor 6 requires the court to evaluate each parent's past and present compliance with their parental rights and responsibilities. Alienating behavior, including badmouthing, interfering with visitation, or coaching children to reject the other parent, demonstrates non-compliance with these responsibilities. Delaware courts have the authority to modify custody arrangements when one parent engages in a pattern of parental alienation, potentially shifting primary residential placement to the non-alienating parent.
5. Do Not Ignore the 6-Month Separation Requirement
Delaware requires spouses to live separate and apart for at least 6 months before the court will grant a divorce on grounds that the marriage is irretrievably broken under 13 Del. C. § 1505(b). Filing the petition before the 6-month period is complete is permitted, but the court will not issue a final decree until the separation requirement is met. Attempting to rush the process or misrepresenting the separation date is a critical mistake that can delay the divorce by months.
Delaware recognizes 4 ways to demonstrate that a marriage is irretrievably broken under 13 Del. C. § 1505: voluntary separation, separation caused by the respondent's misconduct (including adultery, physical abuse, desertion, habitual drunkenness, or drug use), separation caused by mental illness, and incompatibility where spouses have lived apart for at least 6 months due to irreconcilable differences. Delaware does not have traditional fault grounds as a separate category. Misconduct serves only as evidence that the marriage is irretrievably broken, not as an independent basis for divorce.
6. Do Not Post About Your Divorce on Social Media
Social media posts are admissible evidence in Delaware Family Court proceedings, and opposing counsel routinely monitors Facebook, Instagram, TikTok, and X accounts during divorce litigation. A single photograph showing expensive purchases, lavish vacations, or a new romantic partner can undermine financial disclosure claims, damage custody arguments, and contradict testimony about marital misconduct under 13 Del. C. § 1505.
Knowing what not to do during divorce in Delaware includes understanding that deleted posts are not truly gone. Forensic recovery tools can retrieve deleted social media content, and intentional destruction of digital evidence constitutes spoliation. Delaware judges can draw adverse inferences against a party who deletes relevant social media content after litigation begins. The safest approach during a Delaware divorce is to deactivate all social media accounts, avoid creating new accounts, and instruct friends and family not to tag or mention you in posts related to your divorce, finances, or personal life.
7. Do Not Refuse to Cooperate With Financial Disclosure
Delaware Family Court Rule 16(c) mandates that both parties complete Form 465, the Ancillary Financial Disclosure Report, covering employment, insurance, retirement plans, disabilities, income, assets, and debts. Refusing to cooperate with this requirement or submitting incomplete information is one of the most self-destructive divorce mistakes a Delaware spouse can make.
The sanctions for non-compliance with Delaware financial disclosure are severe and automatic. If the offending party refuses to submit Form 465, the court can hold them in contempt, award attorney fees to the opposing party, and draw adverse inferences about the undisclosed financial information. If neither party completes the report, Delaware Family Court dismisses the ancillary relief application with prejudice under Rule 16(c), permanently barring property division and alimony claims. A $165 filing fee and months of litigation become worthless if financial disclosure obligations are ignored.
8. Do Not Agree to an Unfair Settlement to End the Divorce Faster
Delaware divorce proceedings take a minimum of 30 days after filing before the court can issue a final decree, and contested cases in Delaware Family Court typically take 6 to 18 months to resolve. The pressure to accept an unfair property division or waive alimony rights just to end the process faster is a common divorce error with permanent financial consequences.
Delaware courts apply equitable distribution under 13 Del. C. § 1513, considering 8 factors including the length of the marriage, each spouse's income and employability, contributions to marital assets (including homemaking), and each party's economic circumstances. Alimony eligibility under 13 Del. C. § 1512 requires meeting 3 statutory conditions: dependency on the other spouse for support, insufficient property for reasonable needs, and inability to self-support through employment. A spouse who waives alimony in a 15-year marriage is giving up potential support for up to 7.5 years (the 50% duration cap). In marriages lasting 20 years or more, Delaware imposes no time limit on alimony duration, making a hasty waiver even more costly.
9. Do Not Make Major Financial Decisions Without Legal Advice
Selling the marital home, liquidating a retirement account, taking on new debt, or making large gifts during a Delaware divorce can permanently alter the equitable distribution outcome under 13 Del. C. § 1513. Delaware courts evaluate the value of property set apart to each spouse (Factor 7) and the opportunity for future capital acquisition (Factor 5) when dividing the marital estate. Unilateral financial decisions made without court approval or legal guidance frequently backfire.
Retirement assets require particular caution in Delaware divorce. Pension benefits are divided using present value calculations at the date of separation, with the court considering Social Security eligibility and actuarial offsets under 13 Del. C. § 1513(a)(9-11). Cashing out a $200,000 401(k) during the divorce triggers immediate income taxes plus a 10% early withdrawal penalty for spouses under 59.5, reducing the asset to approximately $120,000-$140,000 before the court even divides it. A Qualified Domestic Relations Order (QDRO) allows tax-free transfer of retirement assets between divorcing spouses without penalties.
10. Do Not Violate Court Orders or Custody Agreements
Delaware Family Court issues temporary orders during the divorce process covering custody schedules, support payments, property use, and restraining provisions. Violating any court order, whether by withholding children from scheduled visitation, failing to pay temporary support, or removing marital property from the home, carries serious consequences including contempt of court, fines, modification of custody, and even incarceration in extreme cases.
Delaware evaluates parental compliance as a best-interest factor under 13 Del. C. § 722(a)(6), examining each parent's "past and present compliance with their rights and responsibilities." A parent who repeatedly violates custody orders demonstrates a pattern of non-compliance that Delaware judges weigh heavily when making final custody determinations. Consistent compliance with every court order, even orders the parent disagrees with, is essential to maintaining credibility and protecting parental rights throughout the Delaware divorce process.
What Are the True Costs of Divorce Mistakes in Delaware?
The financial impact of common divorce errors in Delaware ranges from hundreds to tens of thousands of dollars depending on the mistake. Delaware Family Court charges a $165 filing fee, but the total cost of a contested divorce in Delaware typically ranges from $10,000 to $30,000 or more in attorney fees when litigation is prolonged by avoidable mistakes. Uncontested divorces where both parties cooperate can cost $1,500 to $5,000 in total legal fees.
| Divorce Mistake | Potential Financial Impact |
|---|---|
| Hiding assets | Dollar-for-dollar credit to opposing spouse plus attorney fee sanctions |
| Dissipating marital funds | Dissipated amount credited against offending spouse's share |
| Refusing financial disclosure | Contempt sanctions, attorney fee awards, dismissal with prejudice |
| Premature retirement account withdrawal | 10% early withdrawal penalty plus income taxes (30-40% loss) |
| Waiving alimony in a 20+ year marriage | Loss of unlimited-duration spousal support rights |
| Violating custody orders | Potential loss of primary residential placement |
| Leaving Delaware before filing | Loss of jurisdiction, must refile in another state |
| Rushing to settle | Permanent waiver of equitable distribution rights under 13 Del. C. § 1513 |
How to Protect Yourself During a Delaware Divorce
Delaware spouses can protect their legal and financial interests during divorce by following 5 essential steps. First, gather all financial documents (tax returns, bank statements, retirement account statements, property deeds, and debt records) before filing or immediately after being served. Second, complete Form 465 honestly and thoroughly within the 30-day deadline. Third, maintain the financial status quo by avoiding large purchases, asset transfers, or new debt. Fourth, comply with all court orders without exception. Fifth, retain a Delaware family law attorney licensed to practice in Delaware Family Court.
Delaware has 3 Family Court locations: New Castle County (302-255-0300), Kent County (302-672-1000), and Sussex County (302-855-7400). Divorce forms are available at the Delaware Family Court website. Fee waivers through the In Forma Pauperis application are available for individuals earning at or below 150% of the federal poverty level (approximately $23,895 for a single-person household in 2026).
Frequently Asked Questions About Delaware Divorce Mistakes
What is the biggest financial mistake to avoid during a Delaware divorce?
Hiding assets is the costliest mistake in a Delaware divorce. Under 13 Del. C. § 1513, Delaware courts credit hidden amounts against the offending spouse's equitable distribution share. Both parties must complete Form 465 within 30 days of the final decree. Failure by both parties results in dismissal with prejudice under Family Court Rule 16(c), permanently barring property division claims.
How long do you have to be separated before divorcing in Delaware?
Delaware requires spouses to live separate and apart for at least 6 months before the court will grant a divorce under 13 Del. C. § 1505(b). The petition can be filed before the 6-month period ends, but the court will not issue a final decree until the separation requirement is satisfied. After filing, a minimum 30-day waiting period applies before the decree can be entered.
Can social media posts be used against me in a Delaware divorce?
Social media posts are fully admissible as evidence in Delaware Family Court proceedings. Photographs showing expensive purchases can contradict financial disclosure claims, and posts about new relationships can affect custody evaluations under 13 Del. C. § 722. Deleted posts are recoverable through forensic tools, and intentional deletion after litigation begins constitutes spoliation of evidence.
What happens if I leave Delaware before filing for divorce?
Delaware requires at least one spouse to have been a continuous resident for 6 months before filing under 13 Del. C. § 1504(a). If both spouses leave Delaware, the Family Court loses jurisdiction entirely. The divorce must then be filed in another state under that state's laws, which may have different property division rules, longer waiting periods, or higher filing fees than Delaware's $165.
How does Delaware divide property in a divorce?
Delaware follows equitable distribution, not equal (50/50) division, under 13 Del. C. § 1513. The court considers 8 statutory factors including marriage length, each spouse's income and employability, contributions to marital assets (including homemaking), and whether either spouse dissipated assets. Property division is determined without regard to marital misconduct.
Is alimony guaranteed in a Delaware divorce?
Alimony is not guaranteed in Delaware. Under 13 Del. C. § 1512, the requesting spouse must meet 3 conditions: dependence on the other spouse for support, insufficient property for reasonable needs, and inability to self-support through employment. Alimony duration is capped at 50% of the marriage length, except for marriages lasting 20 years or more, which have no time limit.
What are the grounds for divorce in Delaware?
Delaware is a purely no-fault divorce state. The sole ground is that the marriage is irretrievably broken and reconciliation is improbable under 13 Del. C. § 1505. Misconduct such as adultery, physical abuse, desertion, or habitual substance abuse serves only as evidence that the marriage is irretrievably broken, not as a separate fault-based ground for divorce.
How much does it cost to file for divorce in Delaware?
The filing fee for divorce in Delaware is $165, consisting of a $155 filing fee plus a $10 court security fee. As of April 2026. Verify with your local clerk. Fee waivers are available through the In Forma Pauperis application for individuals earning at or below 150% of the federal poverty level. Total legal costs for an uncontested divorce range from $1,500 to $5,000, while contested cases typically cost $10,000 to $30,000 or more.
Can a Delaware court modify custody if I violate a court order?
Delaware Family Court can modify custody arrangements when a parent violates court orders. Under 13 Del. C. § 722(a)(6), the court evaluates each parent's past and present compliance with parental rights and responsibilities. Repeated violations demonstrate a pattern that judges weigh heavily, potentially resulting in a transfer of primary residential placement to the compliant parent.
What should I do first if my spouse files for divorce in Delaware?
File your Answer within 20 days of being served, as required by Delaware Family Court rules. Immediately gather financial documents including tax returns, bank statements, retirement account statements, and property records. Do not move out of state, hide assets, or make major financial decisions. Retain a Delaware family law attorney and begin preparing your Form 465 financial disclosure.