Delaware's divorce process is surprisingly streamlined for such a small state. You'll file in Family Court, which handles all divorce cases regardless of complexity. The court is set up to handle things efficiently, and if your divorce is uncontested, you might not even need a hearing.
Delaware requires a 6-month separation before you can file for no-fault divorce. You need to be living apart — same house, different rooms doesn't count here.
Quick Overview: Delaware Divorce
Delaware is a No-fault + fault state with Equitable Distribution for property division.
Key Facts About Delaware Divorce
- Residency requirement: 6 months
- Filing fee: 65
- Typical timeline: 3-12 months
- Property division: Equitable Distribution
- Grounds: No-fault + fault
Step-by-Step: How to File for Divorce in Delaware
Step 1: Make Sure You Meet the Residency Requirement
To file for divorce in Delaware, you or your spouse must have been a resident of the state for 6 months before filing.
You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.
Step 2: Gather Required Documents
Before you file, collect:
- Marriage certificate (original or certified copy)
- Financial records: tax returns, pay stubs, bank statements, investment accounts
- Property records: deeds, mortgage statements, vehicle titles
- Debt information: credit cards, loans, mortgages
- Child custody information (if you have minor children): birth certificates, school records, childcare costs
Step 3: Complete the Divorce Forms
In Delaware, you'll need to complete:
- Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
- Summons — Legal notice to your spouse
- Financial affidavits — Income, expenses, assets, and debts
- Child custody and support forms (if applicable)
- Property division worksheets
You can get these forms from:
- Delaware court websites (search "Delaware divorce forms")
- Your local family court clerk's office
- Legal aid organizations in Delaware
Step 4: File Your Forms with the Court
Once your forms are complete, file them with the Delaware family court (also called circuit court, superior court, or district court depending on the county).
Filing Fee: 65 (non-refundable)
If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.
Pro Tip: File in the Right County
Delaware's Family Court has a self-help center that's genuinely useful. If you're filing without a lawyer, start there. They can't give legal advice, but they can help you understand the forms and process.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
If your spouse files an appearance or signs an acceptance of service, you can skip the formal service process. For uncontested divorces, this is the way to go.
In Delaware, acceptable methods include:
- Sheriff or process server — Most common method
- Certified mail (in some cases)
- Personal delivery by a non-party adult (not you)
- Acceptance of service — Your spouse signs a form acknowledging receipt
You cannot serve the papers yourself. You must use one of the approved methods under Delaware law.
Step 6: Wait for Your Spouse's Response
Once served, your spouse has a set amount of time (typically 20-30 days in Delaware) to file a response or answer.
If your spouse:
- Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
- Disagrees or contests issues: You may need mediation or a contested hearing
- Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)
Step 7: Negotiate and Finalize Settlement
If both parties agree (uncontested divorce), you'll create a settlement agreement covering:
- Property division: Who gets what assets and debts
- Alimony/spousal support: If applicable
- Child custody and visitation: Legal and physical custody arrangements
- Child support: Calculated according to Delaware guidelines
Property Division in Delaware
Delaware follows Equitable Distribution, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
Step 8: Attend the Final Hearing (if required)
Depending on your county and case, Delaware may require a final hearing where:
- A judge reviews your settlement agreement
- You answer a few basic questions under oath
- The judge signs the final divorce decree
In some uncontested cases, Delaware allows the divorce to be finalized without a hearing if all paperwork is correct.
Step 9: Receive Your Divorce Decree
Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.
The divorce is final on the date the decree is signed. You'll receive certified copies for your records.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
How Long Does a Divorce Take in Delaware?
The timeline for divorce in Delaware depends on several factors:
- Uncontested divorce: 3-12 months (if both parties agree)
- Contested divorce: 6-12+ months (or longer with complex disputes)
- Court backlog: Some counties have delays due to caseloads
How Much Does a Divorce Cost in Delaware?
DIY uncontested divorce: 65 filing fee + minimal costs for forms/service (under $500 total)
Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)
Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About Delaware Divorce
Do I need a lawyer to get divorced in Delaware?
Delaware's process is manageable for a simple, uncontested divorce. The Family Court self-help center can guide you through the forms. If there's a dispute over property or custody, a lawyer becomes much more valuable.
Can I get divorced in Delaware if my spouse doesn't agree?
Yes. Delaware doesn't require mutual consent. If you've met the separation requirement and residency, you can file regardless of your spouse's wishes.
How is property divided in a Delaware divorce?
Delaware uses Equitable Distribution, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.
What if we have children?
Delaware courts prioritize stability for children. Joint custody is possible, and the court considers each parent's relationship with the child, living arrangements, and the child's own wishes if they're mature enough.
Can I go back to my maiden name?
Yes, you can restore your former name as part of the divorce decree. Just request it in your petition.
Next Steps
If you're ready to file for divorce in Delaware:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your Delaware court website
- File the forms with your local family court and pay the 65 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for Delaware Divorce
- Delaware Court System: Search "Delaware family court" for forms and instructions
- Legal Aid: Search "Delaware legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many Delaware courts have self-help centers for DIY filers