Delaware Divorce Checklist

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Prepared: 5/20/2026

Data updated: 3/1/2026

Estimated Timeline

6-8 months for uncontested divorces without ancillary matters, 8-14 months for uncontested divorces with property division or alimony, and 12-24 months for contested divorces requiring a full trial in Delaware. The minimum timeline is approximately 6 months due to Delaware's mandatory six-month separation period under 13 Del.C. § 1505(b).

Documents to Gather

Original or certified copy of marriage certificate
Valid government-issued photo identification
Social Security numbers for both spouses
Children's birth certificates(if applicable)
Proof of Delaware residency for 6+ months
Separation agreement (if applicable)(if applicable)
Existing court orders(if applicable)
Parent Education Class certificates of completion(if applicable)

Financial Documents

Last 3 years of federal and state tax returns
Last 6 months of pay stubs or income documentation
Bank statements for all accounts (last 12 months)
Retirement and pension account statements
Real estate documents (deeds, mortgage statements, appraisals)
Vehicle titles and loan statements
Credit card and loan statements
Life insurance and health insurance policies(if applicable)
Business financial statements (if self-employed)(if applicable)
Monthly expense worksheet

Key Steps

1. Before Filing

Verify Residency Requirements
Confirm Grounds for Divorce
Obtain a Certified Copy of Your Marriage Certificate
Enroll in Parent Education Class (If Minor Children Involved)
Create a Safety Plan If Domestic Violence Is a Concern

2. Filing Process

Complete the Petition for Divorce (Form 442)
Complete the Vital Statistics Sheet (Form 441)
Complete the Affidavit of Children's Rights (Form 279)
File All Documents with the Family Court and Pay the Filing Fee

3. After Filing

Serve Your Spouse with the Divorce Papers
Wait for Respondent's Answer or Default
Choose Hearing or Proceed on the Papers (Uncontested Cases)
Complete Ancillary Financial Disclosure (If Property or Alimony Requested)
Attend Mediation or Settlement Conference (If Applicable)
Attend the Final Hearing or Receive the Decree by Mail

Key Deadlines

Respondent must file an Answer20 days after service of the Petition

Petitioner must elect hearing or on-the-papers20 days after Notice of Trial Readiness

Change election from hearing to on-the-papers7 days before scheduled hearing date

Petitioner completes Ancillary Financial Disclosure30 days after divorce decree entry

Respondent completes Ancillary Financial Disclosure30 days after receiving petitioner's disclosure

Six-month separation period must elapse6 months before court rules on petition

Parent Education Class completionBefore divorce decree is entered

Quick Reference

To file for divorce in Delaware, you must first establish that at least one spouse has lived in the state continuously for six months under 13 Del.C. § 1504(a). File your Petition for Divorce (Form 442), Vital Statistics Sheet (Form 441), certified marriage certificate, and a $165 filing fee with the Family Court in the county where either spouse resides. The sole ground for divorce is irretrievable breakdown of the marriage under 13 Del.C. § 1505, and the court requires a minimum six-month separation period before granting the decree. After filing, serve the respondent through the county sheriff or certified mail. The respondent has 20 days to file an Answer. In uncontested cases, you may elect to finalize the divorce without a court hearing by filing Form 446 and Form 447 within 20 days of the Notice of Trial Readiness. If minor children are involved, both parents must complete a certified Parent Education Class under 13 Del.C. § 1507. If property division or alimony is requested, both parties must complete the Ancillary Financial Disclosure Report (Form 449) within 30 days of the decree. Low-income filers may apply for a fee waiver using Civil Form 49 or contact Community Legal Aid Society at (302) 575-0660.