Divorce Resources in Delaware: Court Forms, Legal Aid & Filing Guide
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Crisis Resources
If you are in danger, call 911. For confidential support:
National Domestic Violence Hotline: 1-800-799-7233 | Text START to 88788
State/Provincial Hotline: 302-757-2137
Domestic Violence Resources
Statewide coalition coordinating domestic violence prevention, advocacy, and policy. Provides local program referrals across all three Delaware counties.
Provides emergency shelter, counseling, legal advocacy, and support services for domestic violence survivors in New Castle County.
Operates the SAFE (Services, Advocacy, Freedom, and Empowerment) program providing shelter, counseling, and advocacy for domestic violence survivors in Kent and Sussex Counties.
Directory of local domestic violence service providers across Delaware including shelters, legal services, and counseling programs in all three counties.
Protective Orders
Delaware provides Protection From Abuse (PFA) orders through the Family Court under 10 Del. C. § 1041–1048. Any person who has experienced domestic violence by a family member, former spouse, cohabitant, or person in a current or former substantive dating relationship may file a Petition for Protection From Abuse (Form 654). To obtain an emergency ex parte order, file Form 656 (Affidavit for Emergency Expedited Hearing) — the court will schedule an emergency hearing the same day or the next court day under 10 Del. C. § 1043. If the court finds by a preponderance of the evidence that domestic violence has occurred, a full PFA order is granted. PFA orders may include no-contact provisions, temporary custody, exclusive possession of the shared residence, and a prohibition on firearm possession. An ex parte order remains in effect until the full hearing, which must occur within 15 calendar days. PFA orders can be extended beyond six months if additional violence has occurred, a violation of the order has occurred, or the respondent consents. Violation of a PFA order is criminal contempt with mandatory incarceration. File PFA forms at the Family Court in any county or by email. All PFA forms are available at courts.delaware.gov/family/pfa/forms.aspx.
Official Links & Resources
How to File for Divorce in Delaware
To file for divorce in Delaware, you must meet the six-month residency requirement under 13 Del. C. § 1504(a). Either spouse must have lived in Delaware or been stationed in the state as a member of the armed services for at least six months immediately before filing the petition. The sole ground for divorce is that the marriage is irretrievably broken, as defined in 13 Del. C. § 1505. Delaware recognizes four bases for irretrievable breakdown: voluntary separation, separation due to misconduct, separation due to mental illness, and incompatibility. Separation means living separate and apart for six or more months under 13 Del. C. § 1503(14), which may include living under the same roof in separate bedrooms without sexual relations.
File the Petition for Divorce/Annulment (Form 442) with the Delaware Family Court in any county, along with the required Information Sheet (Form 240), Vital Statistics Sheet (Form 441), and Request for Notice (Form 400). The filing fee is $165, which includes a $10 Court Security Fee as set by the Family Court Schedule of Assessed Costs. If both parties have minor children under 18, also file the Affidavit of Children's Rights (Form 279) acknowledging children's rights under 13 Del. C. § 1507(g). File an original plus one copy. Forms may be filed in person, by mail, or by email to the Family Court in any county.
After filing, the respondent must be served with the petition and summons. Service may be accomplished by personal service through the Sheriff's Office or by certified mail with return receipt. If the respondent's address is unknown, file Form 241 (Affidavit of Unknown Address) and the court may authorize service by publication through the Family Court Legal Notices website at no cost under 13 Del. C. § 1508. The respondent has 20 days after service to file an Answer (Form 448). If requesting ancillary relief such as property division or alimony, both parties must complete the Ancillary Financial Disclosure Report (Form 465) under Family Court Civil Rule 16(c) within 30 days of the divorce decree.
Delaware requires all parties with children under age 17 to complete a court-certified Parenting Education Course of at least four hours, as mandated by 13 Del. C. § 1507(h). The course must be certified by the Department of Services for Children, Youth and Their Families. If no certificate of completion is received within 180 days of filing the petition, the court may dismiss the case. In contested custody matters, the court refers cases to mandatory mediation under Family Court Rule 16.1. If both parties agree on all terms, they may file Form 446 (Request to Proceed Without a Hearing) and Form 447 to avoid an in-person hearing. The court will schedule a hearing or issue a decree based on the agreed terms.
Required Court Forms
Primary petition to initiate a divorce or annulment action in Delaware Family Court. File the original and one copy. Although divorce and annulment are on the same form, they are separate actions.
Required information sheet that accompanies the Petition for Divorce/Annulment providing identifying details about both parties.
Required form providing vital statistics information submitted directly to the Delaware Division of Public Health for state records.
Alternative vital statistics form for same-sex marriages or civil unions converted to marriages. Use this instead of Form 441 if applicable.
Required form requesting that the court provide notice of all hearings and proceedings in the divorce case to the filing party.
File if both parties have a child or children under age 18. Acknowledges children's rights during divorce under 13 Del. C. § 1507(g).
Response form for the respondent spouse to answer the Petition for Divorce/Annulment filed by the petitioner.
File if you have a written separation agreement and want the court to incorporate it into the divorce decree for enforcement purposes.
File if you do not know the respondent's current residential address and cannot locate them for service of process.
File if the respondent is not in active military service and has not filed an answer or appeared by the hearing date. Required under the Servicemembers Civil Relief Act.
File only if the respondent is currently serving in the military and voluntarily waives protections under the Servicemembers Civil Relief Act.
File if you do not know the other party's Social Security Number and cannot obtain it for the required court filings.
File to request that the court grant the divorce without an in-person hearing, available in uncontested cases where both parties agree on all terms.
Supporting affidavit filed with Form 446 attesting to facts that justify proceeding without a court hearing.
Detailed financial disclosure required under Family Court Civil Rule 16(c) when requesting ancillary relief including property division, alimony, or other financial matters. Both parties must complete this form.
Court order form related to the ancillary financial disclosure process. Do not file until directed by the court to do so.
Pretrial stipulation form used in contested ancillary proceedings to identify agreed-upon facts and narrow disputed issues before trial.
Proof of mailing form completed by the petitioner after mailing the Ancillary Financial Disclosure Report to the respondent.
Comprehensive instruction packet explaining the divorce filing process, required forms, service requirements, and procedural steps in Delaware Family Court.
Filing on your own?
Divorce.law's FormOS walks you through preparing your court documents step by step — no attorney required.
How Much Does It Cost to File for Divorce in Delaware?
Filing for divorce in Delaware costs $165 for the initial petition. Additional fees may apply for service, motions, and other filings.
| Fee Type | Amount |
|---|---|
| Petition for Divorce/Annulment | $165 |
| Answer to Petition (with Counterclaim) | $0 |
| Motion to Reopen | $25 |
| Other Motions | $0 |
| Protection From Abuse Petition | $0 |
Fee Waiver: If you cannot afford the $165 filing fee, file an Affidavit in Support of Application to Proceed In Forma Pauperis (Form 257P) with the Family Court along with your petition. The affidavit requires detailed financial information and supporting documentation. It must be signed before a notary public or justice of the peace under penalty of perjury. The court generally grants fee waivers if total household income is at or below 125% of the federal poverty level, or if the applicant receives government assistance such as TANF, SNAP, or Medicaid. At income levels above the guidelines, the court considers unusual necessary expenses. If the application or documentation is incomplete and not amended within 30 days, the case may be dismissed. The court also reviews whether the action is frivolous or malicious before granting the waiver.
Free & Low-Cost Legal Help
Provides free legal services to vulnerable Delawareans in family law, housing, and domestic violence matters.
Eligibility: Low-income and vulnerable populations; income based guidelines
Offers legal advice and representation to low-income families in Delaware in family law and related matters.
Eligibility: Low-income families; income based on federal guidelines
Provides pro bono legal services statewide in family law including divorce, custody, and domestic violence cases.
Eligibility: Low-income residents; pro bono volunteer attorneys
Parenting Class Requirements
Delaware law requires all divorcing parents with children under age 17 to complete a Parenting Education Course under 13 Del. C. § 1507(h). The course must be certified by the Department of Services for Children, Youth and Their Families (DSCYF) and consist of at least four hours of instruction. Topics covered include developmental stages of children, adjustment of children to parental separation, effects of parental conflict, and financial responsibilities. Each county court administers its own program with fees not exceeding $100 per parent (typically around $50). Parents do not have to attend the same session. A party with a demonstrable history of domestic violence must attend a separate, more intensive course that includes education regarding domestic violence and its effect on children. A certificate of completion must be filed with the court. If no certificate is received within 180 days of filing the Petition for Divorce, the petition may be dismissed. Contact DSCYF at (302) 633-2618 for approved course information.
Mediation Requirements
Delaware Family Court requires mediation in custody, visitation, child support, and guardianship matters under Family Court Rule 16.1. When a contested divorce involves custody or visitation disputes, the court refers the case to mandatory mediation with a Family Court staff mediator before scheduling a judicial hearing. The mediator identifies specific issues and attempts to facilitate an amicable settlement. Under 13 Del. C. § 1515(c), the court may also delay a contested divorce action for up to 60 days so the spouses can seek mediation. Both parties must complete a Custody, Visitation and Guardianship Disclosure Report (Form 364) before the mediation session. Mediation is bypassed only in cases involving a finding of domestic violence, an active no-contact order, or when one party is a sex offender as defined by Delaware law. If mediation is unsuccessful, the case is assigned to a judge for a full hearing.
Financial Disclosure Requirements
Delaware Family Court requires both parties to complete the Ancillary Financial Disclosure Report (Form 465) under Family Court Civil Rule 16(c) when requesting ancillary relief such as property division, alimony, or other financial matters. The petitioner must complete their portion within 30 days of receiving the divorce decree, sign it before a notary public, and mail the original to the respondent along with an Affidavit of Mailing (Form 850). The respondent then has 30 days to complete their portion, sign it before a notary, file the original with the court, and mail a copy to the petitioner. The disclosure covers employment, income, insurance, retirement plans, disabilities, real property, personal property, debts, and all other financial information the court needs to make an equitable property division under 13 Del. C. § 1513. Failure by both parties to complete the report results in dismissal of the ancillary relief application with prejudice. Sanctions for noncompliance may include exclusion of financial evidence at trial, attorney fee awards to the opposing party, or the court granting the other party's requested relief.
Vetted Delaware Divorce Attorneys
Each city on Divorce.law has one personally vetted exclusive attorney.
Schmittinger & Rodriguez
Dover, Delaware
The Law Office of Michael S. Corrigan
Middletown, Delaware
Law Offices of Dana L. Reynolds LLC
Newark, Delaware