Filing for divorce in Delaware without an attorney costs $150-$175 in court fees. You must meet the residency requirement of 6 months in Delaware. Delaware is a equitable distribution state with a None (no-fault requires 6 months separation) waiting period. An uncontested divorce typically takes 2-3 months. Victoria AI guides you through every step with Delaware-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $150-$175 (Filing fees are approximately $150-$175. Delaware has relatively low court costs compared to neighboring states.) |
| Residency Requirement | 6 months in Delaware |
| Waiting Period | None (no-fault requires 6 months separation) |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | Irretrievable breakdown (after 6 months separation), Misconduct, Mental illness (2+ years) |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 2-3 months |
| Contested Timeline | 6 months to 2+ years |
| Fee Waiver Available? | Yes |
To file for divorce in Delaware, you must meet the following residency requirement: 6 months in Delaware.
At least one spouse must have been a bona fide resident of Delaware for at least 6 months immediately before filing for divorce.
Tip: Victoria AI can help you determine if you meet Delaware's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in Delaware without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been a bona fide resident of Delaware for at least 6 months immediately before filing for divorce.
Download the official Delaware divorce forms: Petition for Divorce, Financial Report, Parenting Plan. All forms are available from the Delaware courts website.
Fill out the divorce petition (Family Court form) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the Delaware court and pay the filing fee of $150-$175. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to Delaware rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by Delaware law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Delaware has no specific waiting period after filing. However, for no-fault divorce, the parties must have lived separate and apart for at least 6 months before filing.
Submit your final judgment to the court. For uncontested divorces in Delaware, this typically takes 2-3 months. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in Delaware. Victoria AI guides you through completing each form correctly.
Initiates divorce
Financial disclosure
Custody arrangement
Settlement agreement
The filing fee to start a divorce in Delaware is $150-$175. Filing fees are approximately $150-$175. Delaware has relatively low court costs compared to neighboring states.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $150-$175 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $250-$1,000 (uncontested DIY) |
If you cannot afford the filing fee, Delaware offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in Delaware, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Delaware courts are strict about service requirements.
Delaware is a equitable distribution state.
Delaware divides marital property equitably. The court considers factors including length of marriage, age and health, amount and sources of income, vocational skills, and contribution to the marriage.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Delaware law applies to your specific property.
Delaware uses the Melson Formula.
Delaware uses the unique Melson Formula for child support, which ensures parents can meet their own basic needs before calculating child support. It considers self-support reserves, primary support needs, and standard of living adjustments.
Understanding the timeline helps you plan and set realistic expectations for your Delaware divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $150-$175 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
None (no-fault requires 6 months separation) - Delaware has no specific waiting period after filing. However, for no-fault divorce, the parties must have lived separate and apart for at least 6 months before filing.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Uses unique Melson Formula for child support
Requires 6-month separation for no-fault
Low filing fees
Family Court handles all divorce cases
Mediation encouraged before litigation
Common questions about filing for divorce in Delaware without an attorney.
Get 24/7 guidance specific to Delaware's forms, procedures, and requirements.
Delaware-specific forms
Guidance through every required form
Financial disclosure wizard
Complete your financial affidavit step-by-step
Child support calculator
Using Delaware's exact guidelines
AI document drafting
Create properly formatted legal documents
Evidence notebook
Organize and categorize case documents
24/7 AI guidance
Ask Victoria anything, anytime
AES-256 encryption, SOC 2 ready infrastructure. Your documents are protected.
Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All Delaware divorce information verified from official state court sources.
Victoria is ready to guide you through every step of the Delaware divorce process. Start your free trial today.
7-day free trial • Cancel anytime • Charged after trial ends