Delaware Divorce Legal Packet

Court-Ready Document Guide | LSC-Grade Resource

Templates for informational purposes only. Not legal advice. For legal advice, contact a licensed Delaware attorney.

1. Eligibility Checker

You can file for divorce in Delaware if ALL of the following are true:

• [ ] You or your spouse has lived in Delaware for at least 6 months before filing
• [ ] You were legally married (common-law marriages are not recognized in Delaware)
• [ ] Your marriage is "irretrievably broken" (see grounds below)
• [ ] You have been separated for at least 6 months (unless filing based on misconduct)

Delaware is a "no-fault" divorce state. This means you do not need to prove your spouse did something wrong. You only need to show the marriage is broken beyond repair.

Grounds for Divorce in Delaware (13 Del.C. § 1505):

Your marriage is considered "irretrievably broken" if it is characterized by ONE of the following:

1. Voluntary separation — Both spouses agree to live apart
2. Misconduct — Your spouse's behavior destroyed the marriage (examples include adultery, abuse, abandonment, addiction)
3. Mental illness — Your spouse has a mental condition that makes continuing the marriage impossible
4. Incompatibility — You and your spouse simply cannot get along anymore

Important: If you file based on misconduct, you do NOT need to wait 6 months. For all other grounds, you must be separated for 6 months before the court will grant the divorce.

2. All Required Forms

All Delaware Family Court forms are available FREE online at the Delaware Family Court website.

Core Forms (Required in All Cases)

Additional Forms (If Applicable)

Download All Forms

Delaware Family Court Forms: https://courts.delaware.gov/forms/family/

3. Step-by-Step Filing Instructions

Step 1: Complete Your Forms

1. Download and fill out the Petition for Divorce (Form 442)
2. Complete the Civil Cover Sheet (Form 100)
3. Fill out the Vital Statistics Form
4. If you have children, complete the Affidavit of Children's Rights
5. Complete the Financial Rule 16(c) Statement

Tip: Type your forms if possible. If handwriting, use black ink and print clearly.

Step 2: Make Copies

Make 3 copies of all forms:

• 1 original for the Court
• 1 copy for your spouse
• 1 copy for your records

Step 3: File with the Court

Take your original forms and copies to the Family Court Clerk's Office in the county where you or your spouse lives. The Clerk will:

• Stamp your forms "Filed"
• Assign a case number
• Keep the original
• Return the copies to you

Bring: Photo ID, all completed forms, and the filing fee (or fee waiver request)

Step 4: Serve Your Spouse

Your spouse must receive official notice of the divorce. You CANNOT serve the papers yourself.

Options for service:

1. Certified Mail — Send copies by certified mail, return receipt requested. Keep the green card as proof.
2. Sheriff's Office — Pay the sheriff in your spouse's county to deliver papers (approximately $30-50)
3. Private Process Server — Hire someone to personally deliver papers
4. Voluntary Acceptance — If your spouse agrees, they can sign an Acceptance of Service form

Step 5: Wait for Response

Your spouse has 20 days to file a response after being served. If they do not respond, you can proceed with an uncontested divorce.

Step 6: Complete Your Case

Uncontested (Spouse Agrees or Does Not Respond):

• File a Request for Finalization and Affidavit
• The judge reviews your paperwork
• No hearing required in most cases
• Divorce granted within 30-60 days

Contested (Spouse Disagrees):

• Attend a hearing before a judge
• Both sides present evidence
• Judge decides property division, custody, and support
• Process takes 3-12 months depending on complexity

4. Court Information

Delaware Family Court handles all divorces. File in the county where you or your spouse currently lives.

New Castle County Family Court

Kent County Family Court

Sussex County Family Court

Fee Waiver Information:

If you receive public benefits (SNAP, Medicaid, TANF) or have very low income, you may qualify to have the $165 filing fee waived. Ask the Clerk for Form 447 (Application to Proceed Without Payment of Fees) and fill it out completely.

5. Filing Checklist

Before going to the courthouse, verify you have:

Documents to File:

• [ ] Petition for Divorce (Form 442) — completed and signed
• [ ] Civil Cover Sheet (Form 100)
• [ ] Vital Statistics Form
• [ ] Financial Rule 16(c) Statement
• [ ] Affidavit of Children's Rights (if you have minor children)
• [ ] Application for Fee Waiver (Form 447) if applicable

What to Bring:

• [ ] Government-issued photo ID (driver's license, state ID, or passport)
• [ ] $165 filing fee (cash, money order, or credit card) OR completed fee waiver application
• [ ] Marriage certificate (if available)
• [ ] Proof of Delaware residency (utility bill, lease, or ID showing address)

Copies Needed:

• [ ] Original set for the Court
• [ ] Copy set for your spouse
• [ ] Copy set for your records

6. What to Bring to the Hearing

If your divorce is contested and requires a hearing, bring the following:

Identification:

• [ ] Government-issued photo ID

Financial Documents:

• [ ] Last 3 years of tax returns
• [ ] Recent pay stubs (last 3 months) for both spouses
• [ ] Bank statements (last 6 months)
• [ ] Retirement account statements (401k, IRA, pension)
• [ ] Credit card statements
• [ ] Mortgage statements and property deeds
• [ ] Vehicle titles and loan documents

If You Have Children:

• [ ] Children's birth certificates
• [ ] School records showing where children attend
• [ ] Medical records or health insurance cards
• [ ] Childcare expense receipts
• [ ] Any existing custody orders

Other Helpful Items:

• [ ] List of all marital property and debts
• [ ] List of separate property (owned before marriage or inherited)
• [ ] Proposed parenting schedule (if applicable)
• [ ] Witnesses (if relevant to your case)

7. What Happens After Filing

Timeline Overview

After the Divorce is Granted

When is the divorce final?

The divorce decree becomes final immediately when entered by the judge. However, you must wait 30 days after the decree before you can remarry if there was a contested hearing.

What the decree covers:

• Official termination of the marriage
• Division of marital property and debts
• Child custody and visitation (if applicable)
• Child support amount (if applicable)
• Alimony/spousal support (if awarded)
• Restoration of former name (if requested)

Appeals:

You have 30 days to appeal the divorce decree if you disagree with the judge's decision. Consult an attorney immediately if you plan to appeal.

Modifications:

After the divorce is final, you can request changes to:

• Child custody or visitation (if circumstances change significantly)
• Child support (if income changes substantially)
• Alimony (only if there is a "real and substantial change of circumstances")

Property division CANNOT be modified after the divorce is final.

8. Local Legal Aid Resources

LSC-Funded Organizations

Community Legal Aid Society, Inc. (CLASI)

• Services: Free legal help for low-income Delaware residents in family law matters
• Phone: (302) 575-0660 (New Castle County) | (302) 674-8500 (Kent/Sussex)
• Website: www.declasi.org
• Eligibility: Income below 200% of federal poverty guidelines
• Areas Served: All Delaware counties

Delaware Volunteer Legal Services (DVLS)

• Services: Pro bono attorneys for family law cases
• Phone: (302) 478-8851
• Website: www.dvls.org
• Eligibility: Low-income Delaware residents
• Areas Served: Statewide

Legal Services Corporation (LSC) Finder

• Website: lsc.gov/find-legal-aid
• Use this tool to find additional legal aid organizations in Delaware

Self-Help Resources

Delaware Family Court Self-Help Center

• Phone: (302) 255-2373 (New Castle) | (302) 672-1050 (Kent) | (302) 856-5362 (Sussex)
• Services: Free help completing court forms (not legal advice)
• Website: courts.delaware.gov/family/selfhelp

Delaware State Bar Association Lawyer Referral Service

• Phone: (302) 478-8908
• Services: $35 consultation fee for 30-minute meeting with a family law attorney
• Website: dsba.org

9. Controlling Statute Citations

All divorce proceedings in Delaware are governed by Title 13 of the Delaware Code, Chapter 15:

Full Delaware Code Online: delcode.delaware.gov

10. Disclaimer

This packet is for informational purposes only and does not constitute legal advice.

The information in this packet is intended to help you understand the divorce process in Delaware. It is not a substitute for advice from a licensed attorney. Every divorce case is unique, and the outcome depends on your specific circumstances.

• This packet does not create an attorney-client relationship.
• Laws and court procedures may change. Verify current requirements with the Delaware Family Court.
• If your case involves complex issues (significant assets, business ownership, domestic violence, or contested custody), you should consult with an attorney.
• For legal advice specific to your situation, contact Community Legal Aid Society (CLASI) or the Delaware State Bar Association Lawyer Referral Service.

If you are in immediate danger, contact:

• Delaware Domestic Violence Hotline: 1-800-642-7174
• National Domestic Violence Hotline: 1-800-799-7233

Prepared by Jurist-Diction | The law, precisely spoken.

Last Updated: March 2026