Delaware Divorce Guide
Divorce in Delaware
Delaware is a no-fault divorce state. The only ground for divorce is that the marriage is "irretrievably broken" under 13 Del. C. § 1504. Divorces are filed in the Family Court of the State of Delaware. A 6-month residency requirement applies. Most uncontested divorces are resolved without a hearing.
Delaware Divorce Ground and Residency — § 1504
Irretrievable Breakdown (§ 1504)
Only Ground for Divorce in Delaware
Delaware recognizes only one ground for divorce: irretrievable breakdown of the marriage. You must show that the marriage is irretrievably broken due to incompatibility, misconduct, or mental illness and that there is no reasonable likelihood the marriage can be saved.
Delaware does not require a waiting period or separation period for most no-fault divorces, unlike many states.
Residency Requirement (§ 1504(b))
6 Months Before Filing
At least one spouse must have been a resident of Delaware for at least 6 months immediately before filing the divorce petition. Military members stationed in Delaware or domiciled in Delaware may meet the residency requirement.
- •6-month residency required for one spouse
- •Filed in county where either spouse resides
- •New Castle, Kent, or Sussex County Family Court
Delaware Uncontested Divorce Process
File the Petition for Divorce in Family Court
File Form 134 (Petition for Divorce) in the Family Court for the county where you or your spouse resides. Filing fee: approximately $165 for New Castle County; vary slightly by county. You may also file a Financial Disclosure Form and a parenting plan if you have minor children.
Serve your spouse
The Respondent (non-filing spouse) must be served with the petition. In an uncontested divorce, the Respondent can sign a Waiver of Service (Form 136), eliminating the need for a process server. If the Respondent is cooperative, this is by far the easiest approach.
Respondent files an Answer
The Respondent has 20 days to file an Answer. In an uncontested case, the Respondent files Form 137 (Answer and Waiver of Service) consenting to the divorce and agreeing to the proposed terms. No hearing is typically required for uncontested cases.
Submit the Separation Agreement
If you have reached a complete written agreement on all issues (property division, alimony, custody, support), file the Separation Agreement with the court. The agreement must address all marital property, debts, and any children's issues.
Review and approval (no hearing required for most uncontested cases)
In Delaware, the Family Court can grant an uncontested divorce without requiring either party to appear at a hearing. The judge reviews the petition, answer, and agreement and issues a Decree of Divorce if everything is in order. You receive a certified copy by mail.
Property Division and Alimony in Delaware
Equitable Distribution (§ 1513)
Delaware divides marital property equitably — fairly but not necessarily 50/50. The court considers:
- •Duration of the marriage
- •Each spouse's economic circumstances
- •Contributions to acquisition of marital property
- •Dissipation of assets by either spouse
- •Tax consequences
- •Each spouse's future financial opportunities
Alimony (§ 1512)
Delaware courts may award alimony when a spouse is unable to support themselves through employment. Factors include:
- •Duration of the marriage
- •Standard of living during marriage
- •Financial resources of each spouse
- •Ability to meet needs independently
- •Contributions as homemaker/caregiver
- •Age and physical condition of each spouse
Child Custody and Support in Delaware
Delaware uses the best interests of the child standard under 13 Del. C. § 722. The court considers 14 specific factors including the child's relationship with each parent, the child's adjustment to school and community, each parent's ability to provide love and guidance, and whether either parent is more likely to facilitate the child's relationship with the other parent.
Custody Types
- •Legal custody: decision-making authority (usually joint)
- •Physical custody: where child lives
- •Primary vs. shared residential custody
- •Parenting plan required if contested
Child Support
- •Delaware MELSON formula (more complex than income shares)
- •Considers both parents' net income
- •Adds work-related child care costs
- •Health insurance premiums included
- •DCSS guidelines calculator available online
Free Legal Help in Delaware
Community Legal Aid Society (CLASI)
302-575-0660
Free family law help for qualifying low-income residents statewide; domestic violence cases prioritized
Delaware Volunteer Legal Services
302-478-1040
Pro bono referrals for divorce and family law matters
Delaware Family Court Self-Help
courts.delaware.gov
Divorce forms and instructions for all three counties
WomensSpace (Wilmington)
302-762-6110
Legal advocacy and resources for domestic violence survivors seeking divorce
File Your Delaware Divorce
Delaware Divorce Documents
Get a complete Delaware divorce packet — Petition for Divorce (Form 134), marital settlement agreement, financial disclosure forms, and plain-English filing instructions for Delaware Family Court.
Get Divorce Documents — $97For informational purposes only. Not legal advice. Consult an attorney for your specific situation.
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