How to File for Divorce in Delaware

A Plain-Language Guide for Self-Represented Persons

What This Document Does

This guide helps you file for divorce in Delaware when your marriage is irretrievably broken — meaning it cannot be saved. Delaware is a "no-fault" divorce state, so you don't need to prove your spouse did anything wrong. You just need to show the marriage is over.

This is not legal advice. If your situation is complicated (disagreements about children, property, or money), consider talking to a lawyer.

When to Use This Guide

Use this guide if:

• You or your spouse have lived in Delaware for at least 6 months
• Your marriage is broken and cannot be fixed
• You want to end your marriage legally

Do NOT use this guide if:

• You've lived in Delaware less than 6 months
• You're not sure you want a divorce (consider marriage counseling first)
• There is domestic violence (contact a domestic violence advocate instead)

Before You Start

Gather this information:

Know these deadlines:

• You must have lived in Delaware for 6 months before filing
• Your spouse has 20 days to respond after being served
• You must wait 30 days after serving your spouse before the final hearing

Step-by-Step Instructions

Step 1: Get Your Forms

You can get divorce forms from:

1. Online: courts.delaware.gov/family (click "Forms")
2. At the courthouse: Go to the Family Court Clerk's Office
3. From this packet: Use the court document template provided

Forms you need:

Step 2: Fill Out the Petition

On the first page:

1. Write your county: "New Castle," "Kent," or "Sussex"
2. Write your full legal name as "Petitioner"
3. Write your spouse's full legal name as "Respondent"
4. Leave the case number blank — the court will assign this

Section I (Jurisdiction and Residency):

• Write your full name, age, occupation, and current address
• Write how long you've lived in Delaware (must be 6+ months)
• Write your spouse's name and address (if known)

Section II (Marriage):

• Write the date and place you got married
• Note where the marriage was registered

Section III (Separation):

• Write the date you and your spouse stopped living together
• Confirm you haven't shared a bedroom in the last 30 days

Section IV (Children):

• If NO children: Check the first box and skip ahead
• If YES children: List each child's name, birth date, and where they live

Section V (Grounds for Divorce):

• Check the box that describes your situation:
• Voluntary separation = You both agreed to separate
• Misconduct = Your spouse's bad behavior caused the split
• Mental illness = Your spouse's mental illness caused the split
• Incompatibility = You just don't get along anymore

Section VI (Property):

• Check the boxes for what you and your spouse own
• List your debts (mortgage, credit cards, loans)

Section VII (Alimony):

• Check one box based on what you want
• If unsure, check "reserved for later"

Section VIII (Custody — only if you have children):

• Check the box that matches what you want
• If you have an agreement, attach it

Section IX (Name Change):

• Check if you want your old name back
• Write the exact name you want to restore

Sign and date at the bottom of the Verification page.

Step 3: Complete the Other Forms

Family Court Civil Cover Sheet:

• Basic information about you, your spouse, and your case
• Check boxes for what issues are involved (children, property, etc.)

Affidavit of Non-Military Service:

• State whether your spouse is in the military
• If they are, special rules apply to protect them

Affidavit of Custody Jurisdiction (if you have children):

• Required by federal law
• Lists where the children have lived for the past 5 years
• States whether other custody cases are pending

Step 4: Make Copies

Make 3 copies of everything:

1. Original — for the court
2. Copy — for your spouse (to be served)
3. Copy — for your records

Step 5: File with the Court

Where to go:

What to bring:

• Original forms (all pages, signed)
• 2 copies
• Filing fee (approximately $165)
• Photo ID

What happens:

1. The clerk reviews your papers
2. You pay the filing fee
3. The clerk stamps your copies and gives you a case number
4. Keep your stamped copy — this is your proof of filing

Can't afford the fee? Ask about a fee waiver (Form 215).

Step 6: Serve Your Spouse

You cannot serve the papers yourself.

Your spouse must receive the divorce papers officially. Options:

After service:

• Keep the proof (green card from certified mail OR affidavit from server)
• File the proof with the court

Step 7: Wait for Response

Your spouse has 20 days to respond after being served (30 days if served by publication).

What might happen:

Step 8: Attend the Hearing

Scheduling:

• You must wait at least 30 days after serving your spouse
• Contact the court to schedule your hearing date
• Both parties will receive notice of the hearing

At the hearing:

• Dress neatly (business casual)
• Arrive early (15-30 minutes)
• Bring all your documents
• Be respectful to the judge

What happens:

1. Judge asks questions to confirm the marriage is broken
2. If you have an agreement, judge reviews it
3. If no agreement, judge may order mediation
4. If everything is in order, judge signs the divorce decree

What to Bring to Court

• [ ] Your filed copy of the Petition (stamped by court)
• [ ] Proof that spouse was served
• [ ] Marriage certificate
• [ ] Financial documents (pay stubs, bank statements)
• [ ] Any agreements you've made with your spouse
• [ ] Photo ID
• [ ] This guide for reference

What to Expect

Timeline:

Costs (approximate):

Where to Get Help

Free Legal Help:

Court Resources:

Domestic Violence Resources:

Common Questions

Q: Do I need a lawyer?

A: No, you can file on your own. But if you have children, significant property, or your spouse contests the divorce, a lawyer is recommended.

Q: What if I don't know where my spouse is?

A: You can still get divorced. Ask the court about "service by publication" — publishing a notice in the newspaper.

Q: Can we use the same lawyer?

A: No. One lawyer cannot represent both spouses in a divorce.

Q: What if my spouse refuses to sign?

A: Your spouse doesn't have to agree. If they don't respond in 20 days, you can get a default divorce.

Q: How long until I'm officially divorced?

A: Uncontested divorces typically take 60-90 days. Contested cases can take much longer.

Q: Can I change my name back?

A: Yes. Request this in your petition. There's no extra fee.

Q: What's the difference between "voluntary separation" and "incompatibility"?

A: Voluntary separation means you both agreed to separate. Incompatibility means you just don't get along anymore, even if one person didn't want to separate.

Important Reminders

• Be honest. False statements can result in criminal charges.
• Keep copies of everything. You may need them later.
• Don't hide assets. The court will find out and you could lose them.
• Follow court orders. Ignoring them can lead to contempt charges.
• Stay calm. Divorce is stressful. Take care of yourself.

Disclaimer

This guide provides general information about divorce in Delaware. It is not legal advice and does not create an attorney-client relationship. Laws change, and every situation is different. If you have questions about your specific circumstances, please consult with a licensed attorney in Delaware.

Court rules, fees, and procedures may change. Always verify current requirements with your local Family Court Clerk's Office before filing.

Document Version: DE-DIV-GUIDE-2026-01

Last Updated: March 2026

Jurisdiction: State of Delaware