Seeing the path makes the process easier. In Delaware, most cases start in Family Court, move through service and disclosure, and end either by agreement or with a brief hearing if anything’s unresolved.
You can file a divorce (dissolution) in Delaware Family Court if you meet the state’s residency rules. Most people file in the county where they live. Delaware offers a straightforward no-fault route based on an irretrievable breakdown of the marriage. Fault grounds exist but aren’t required for most families.
Step 1: Prepare your packet
Complete the Petition for Divorce and any Family Court information sheets your county uses. If you and your spouse already agree on parenting, property, and support, draft a settlement now—it can dramatically shorten your timeline.
Step 2: File with the clerk
Open your case at the Family Court filing window or e-file where available. There’s a court filing fee; if it’s a hardship, ask about a fee waiver application.
Step 3: Serve your spouse
Give formal notice using a process server, sheriff, certified mail, or an acceptance/waiver when allowed. Keep proof of how and when service happened.
Step 4: Track the key dates
Two clocks usually matter: your spouse’s response deadline and the state’s minimum timeline before a judge can sign your decree. Use this window to finish disclosures, parenting plans, and settlement language.
Step 5: Settle or set a hearing
If everything’s agreed, submit your signed settlement for review. Many uncontested cases are finalized with a short hearing or paperwork review. If you can’t agree, the court will schedule conferences and, if needed, a trial.
Step 6: Get your Final Decree
Your divorce is official when the judge signs the Final Decree. It includes property and debt division, any spousal support, and—if you have children—parenting orders and child support.
Hello Divorce can prepare all your Delaware divorce forms for you with our divorce plans, so you can focus on decisions instead of deciphering paperwork.
How long does a divorce take in Delaware?
Uncontested cases can wrap relatively quickly once service, any required waiting period, and paperwork are complete. Contested cases take longer because of disclosures, negotiations, and court scheduling.
Do I have to prove fault?
No. Most people use Delaware’s no-fault option. Fault grounds exist but generally add time and complexity.
Where do I file?
In Delaware Family Court, typically in the county where you live.
How is child support set?
Delaware uses its own guideline and worksheet (often called the Melson formula). You’ll exchange income information and model a schedule to calculate support.
How much are court fees?
Expect a three-figure filing fee plus service costs. Ask the clerk for current amounts and whether you qualify for a waiver.