Filing for divorce in Delaware requires understanding the state’s specific residency requirements, grounds, waiting periods, and property division rules. This comprehensive Delaware divorce guide walks you through every step of the process — from meeting eligibility requirements to finalizing your decree. Whether you are considering an uncontested divorce, navigating property division, or understanding your rights, this guide covers the key Delaware divorce laws you need to know.
All information verified against Delaware statutes and official court resources as of April 2026.
In This Delaware Divorce Guide:
Delaware Divorce Filing Requirements
Before you can file for divorce in Delaware, you must meet these requirements:
| Residency Requirement | At least 6 months of continuous residence in Delaware by either spouse (or stationed in Delaware as military) immediately before filing |
| Filing Fee | $175 |
| No-Fault Grounds | Yes — the sole statutory ground is that the marriage is irretrievably broken (Delaware Code Title 13, Chapter 15); irretrievable breakdown is established by showing voluntary separation for at least 6 months, separation caused by respondent misconduct, incompatibility, or separation caused by mental illness |
| Waiting Period | NONE (no separate cooling-off period after filing, but the 6-month separation requirement must be satisfied before the court will grant the divorce — see separation_requirement) |
| Separation Requirement | 6 months living separate and apart before the court will grant the divorce; separation can occur under the same roof if parties occupy separate bedrooms and do not have sexual relations; the petition may be filed before the 6 months have elapsed but the court will not finalize the divorce until 6 months of separation have passed; separation requirement is waived if filing on misconduct grounds |
| Property Division | Equitable distribution |
| Uncontested Available | YES |
| Online Filing | UNVERIFIED — Delaware Family Court provides downloadable forms on courts.delaware.gov but official electronic filing for divorce petitions through the court system could not be confirmed from official sources |
Residency: At least one spouse must have been a resident of Delaware for At least 6 months of continuous residence in Delaware by either spouse (or stationed in Delaware as military) immediately before filing before filing. You file in the county where either spouse resides.
Delaware Fault-Based Divorce Grounds
In addition to no-fault divorce, Delaware allows divorce on these fault-based grounds:
- Delaware is technically a no-fault state (sole ground is irretrievable breakdown)
- but misconduct can be alleged as evidence of irretrievable breakdown and bypasses the 6-month separation requirement. Misconduct grounds include: adultery
- bigamy
- conviction of a crime with sentence of 1 or more years imprisonment
- repeated physical or verbal abuse directed at petitioner or children in the home
- desertion
- willful refusal to perform marriage obligations
- contracting a venereal disease
- habitual intemperance (alcoholism)
- habitual use of illegal drugs or other incapacitating substances
- and other serious offenses destructive of the marriage relationship
Filing on fault grounds may affect property division, alimony, or custody decisions in some Delaware courts. However, most divorces in Delaware proceed on no-fault grounds because they are simpler and faster.
Step-by-Step Delaware Divorce Process
- Meet residency requirements: Confirm you or your spouse has lived in Delaware for the required period.
- Prepare your petition: Complete the Petition for Dissolution of Marriage (or equivalent Delaware form). Include grounds, requests for property division, custody, and support.
- File with the court: Submit your petition to the circuit/family court in the appropriate county. Pay the filing fee (approximately $175).
- Serve your spouse: Your spouse must be formally served with divorce papers via sheriff, process server, or certified mail (rules vary by Delaware county).
- Response period: Your spouse has a set number of days (typically 20-30) to file a response.
- Negotiation/discovery: Spouses exchange financial information and negotiate terms on property, custody, and support.
- Waiting period: NONE (no separate cooling-off period after filing, but the 6-month separation requirement must be satisfied before the court will grant the divorce — see separation_requirement) must pass before the divorce can be finalized.
- Final hearing/decree: The judge reviews and approves the settlement agreement or makes rulings on contested issues. The divorce decree is entered.
Parenting class: Delaware requires divorcing parents with minor children to complete a court-approved parenting education class. These classes cover the impact of divorce on children and co-parenting strategies.
Delaware Property Division
Delaware follows equitable distribution for dividing marital property. This does not necessarily mean 50/50 — the court divides assets fairly based on factors including the length of the marriage, each spouse’s income and earning potential, contributions to marital property, and the needs of each party.
Delaware courts divide marital property based on fairness, not automatic 50/50 splits. Factors considered include: each spouse’s contribution to acquisition, preservation, or appreciation of marital property; value of each party’s separate property; economic circumstances of each party; length of the marriage; age, health, and station of the parties; whether either party will serve as custodian of dependent children; tax consequences; and whether property was acquired before or during the marriage. Courts cannot consider marital fault when dividing property or awarding alimony.
Key assets to consider: Real estate, retirement accounts (401k, pensions, IRAs), business interests, vehicles, investment accounts, debts, and personal property. Some assets may require professional appraisal or a Qualified Domestic Relations Order (QDRO) for retirement account division.
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How Long Does Divorce Take in Delaware?
Uncontested divorce: 6 to 9 months (includes the mandatory 6-month separation period; filing early allows procedural steps to run concurrently with separation)
Contested divorce: 12 to 18 months; complex cases involving substantial assets, business valuations, or contested custody may exceed 24 months
These timelines are approximate. Court backlogs, complexity of issues, and whether children are involved can significantly affect the actual duration.
Uncontested Divorce in Delaware
An uncontested divorce in Delaware is available when both spouses agree on all major issues: property division, child custody, child support, and alimony. Both spouses must agree on all issues including property division, alimony, child custody, child support, and visitation; the respondent does not contest the petition; the 6-month separation requirement must be met; if minor children are involved both parents must complete a certified parenting education course
Benefits of uncontested divorce include lower attorney fees, faster resolution, less emotional stress, and greater privacy since contested hearings are public.
Delaware Divorce Costs
Divorce costs in Delaware vary widely based on complexity:
| Type | Estimated Cost Range |
|---|---|
| Filing Fee | $175 |
| Uncontested (no attorney) | $300 – $1,500 |
| Uncontested (with attorney) | $1,500 – $5,000 |
| Contested (with attorney) | $5,000 – $30,000+ |
| Mediation | $2,000 – $8,000 |
Fee waivers may be available for low-income filers. Contact the court clerk in your county for fee waiver applications.
Additional Delaware rules: Separation under the same roof counts if parties occupy separate bedrooms and abstain from sexual relations; misconduct allegations bypass the 6-month separation requirement entirely; the court cannot consider marital fault when dividing property or awarding alimony; parenting education certificate must be filed within 180 days or the divorce petition may be dismissed; Delaware does not recognize common-law marriage; filing is done in the Family Court in the county where either spouse lives with no additional county residency requirement
Official Sources & Resources
- Delaware Courts: https://courts.delaware.gov/family/divorce/
- Legal Aid: https://courts.delaware.gov/help/legalassistance.aspx
- Cornell LII — Family Law: law.cornell.edu
- NCSL Divorce Laws: ncsl.org
This Delaware divorce guide was last verified against official sources in April 2026. If you notice outdated information, please contact us.