Divorce in Delaware

How to file for divorce in Delaware

1. Check residency. 6 months of continuous Delaware residency immediately before filing.
2. Check any separation requirement. 6 months of living separately (occupying separate bedrooms with no sexual relations) before a no-fault divorce can be finalized; fault grounds can bypass this.
3. Prepare and file the Petition for Divorce/Annulment with the Family Court in your county. The filing fee is typically $165 to $175, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. An Ancillary Financial Disclosure Report (Form 465) is required whenever a spouse requests property division, alimony, or other support relief.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. No separate waiting period after filing; the divorce cannot be finalized until the 6-month separation requirement is met. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months of continuous Delaware residency immediately before filing.

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: 6 months of living separately (occupying separate bedrooms with no sexual relations) before a no-fault divorce can be finalized; fault grounds can bypass this.

How property is divided

Delaware uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: Delaware uses the terms legal custody and physical custody. Every decision is made in the child's best interests.

Parenting class: Required statewide; both parents must complete a court-certified Parent Education Course of at least 4 hours when minor children are involved.

Child support: Delaware uses the Melson model, which first reserves a basic amount for each parent's own needs, then applies a percentage to the remaining income. Try the child support calculator.

Spousal support

Alimony is capped at half the length of the marriage for marriages under 20 years, with no cap for marriages of 20 years or more.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Delaware does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: not offered in Delaware as a separate case.

How long it takes

The minimum is set by the waiting period: no separate waiting period after filing; the divorce cannot be finalized until the 6-month separation requirement is met. A typical timeline is about 6 months minimum, tied to the separation requirement; 12 to 18 months or more if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Delaware

• Delaware has no formal legal separation court order; separation is defined by conduct, such as living apart or ceasing marital relations, rather than a filed status.
• Delaware is one of only a few states using the Melson Formula for child support, a more detailed version of the income shares approach.
• Petitioners can file before the 6-month separation period is complete and simply wait for it to elapse before the decree is entered.

Official resources

Official forms and instructions come from Delaware's courts. Sources we reviewed:

• courts.delaware.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.