• Process to file for divorce
• Divorce forms and papers
• How much does a divorce cost?
• How to serve divorce papers
• DIY divorce process without lawyers

• Contested divorce
• Uncontested divorce
• Legal separation vs. divorce
• Where to file for divorce
• Alimony
• Attorney fees

Marriage & Divorce Laws in Delaware

Delaware Finances, Property and Support

Other Important Topics about Divorce in Delaware 

• Military divorce in Delaware
• Applying for a fee waiver in Delaware
• How to change your name in Delaware

• Delaware Divorce checklist
• Sole vs. split child custody in Delaware
• Divorce for Delaware business owners

• Marital Home
• How to establish paternity
• Understanding QDROs
• Move away cases
• Alimony calculator
• Divorce rates

• Financial disclosures
• Child support calculator
• I was served a petition, now what?
• Are divorce records public?
• Should I file a response to a petition?

• Process to file for divorce in Delaware
• Delaware Divorce forms and papers
• How much does a divorce cost in Delaware?
• How to serve divorce papers in Delaware
• DIY divorce process in Delaware without lawyers

• Contested Delaware divorce
• Uncontested Delaware divorce
• Legal separation vs. divorce in Delaware
• Where to file for divorce in Delaware
• Alimony in Delaware
• Attorney fees in Delaware

Important Information About Divorce in Delaware

What is the waiting period for divorce in Delaware?
6 months from petition filing

Do you need to be separated before filing for divorce in Delaware, and if so, how long?
No

How is property divided in Delaware (e.g., separate or equitable property)?
Equitable property

What is the filing fee for divorce in Delaware?
Around $150, varies by county

Is a joint petition for divorce possible in Delaware?
No

Can you waive the divorce filing fee in Delaware, and if so, how?
Yes, you must submit an extra fee waiver form. https://courts.delaware.gov/jpcourt/jpfees.aspx

What are the annulment rules in Delaware?

• Unable to consent due to mental illness or drug influence

• Fraud

• Force/coercion

• As a joke or dare

• Unable to consummate marriage, unknown to the other spouse

• Underage

• Related

• On probation/parole without the required permission

Is there a faster divorce option (such as summary dissolution) in Delaware?
Uncontested is the fastest.

What are the divorcing parties called in Delaware?
Petitioner and Respondent

What are the methods of serving the divorce petition in Delaware, and can the respondent waive service?
Either the court clerk sends a summons and petition to the county sheriff for service, or the spouse can complete an "Affidavit of Appearance" in cooperative divorces.

What are the residency requirements for divorce in Delaware?
Either the petitioner or respondent needs to have resided in Delaware for at least 6 months immediately prior to starting the divorce proceedings.

Does it matter who files for divorce first in Delaware?
No. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file individually at any time.

What is the response deadline after being served divorce papers in Delaware?
20 days

Are the parties required to appear in court for divorce in Delaware? Explain.
No. In an uncontested divorce, you can choose if you want a hearing or not. The courts can make a decision based "on the papers." You will need to file a "Request to Proceed Without Hearing," and an "Affidavit in Support of Request to Proceed Without Hearing."

Are there requirements (such as classes) before filing or finalizing your divorce in Delaware?
If you have minor children, you must attend a parent education class.

Is separation required before finalizing your divorce in Delaware?
Yes

Is Delaware a no-fault state?
Yes

If fault-based, what are the grounds for divorce in Delaware?
In Delaware, the only ground you can use to file for divorce is that the marriage is "irretrievably broken."

Is permanent alimony/spousal support available in Delaware?
Yes—but rare.

What are the alimony/spousal support rules in Delaware?

• Permanent alimony: typically only if marriage lasted over 20 years, or recipient cannot support themselves due to disability or age.

• Temporary/interim support: provided during the divorce process, ends once finalized.

• Short-term rehabilitative support: cannot last longer than half the length of the marriage.

What are the child support rules in Delaware?
The Division of Child Support Services will ask Family Court to establish a child support order if none exists. Family Court determines child support using the Delaware Child Support Formula Calculation. A medical support order may also be established.
https://dhss.delaware.gov/dcss/estorder.html

What are the rules for military divorce in Delaware?
Must meet standard residency requirements.

Is there an official spousal support calculator in Delaware? If so, link:
https://courts.delaware.gov/family/supportcalculator/Disclaimer

Is there an official child support calculator in Delaware? If so, link:
https://courts.delaware.gov/family/supportcalculator/Step1.aspx

When can you file taxes as a single person after divorce in Delaware?
You can file as single if you are divorced or legally separated on or before December 31st.

Can parties legally separate in Delaware, and if so, how?
Yes. Before filing for divorce, spouses must be legally separated. Under Delaware law, you can be separated even living in the same house, provided you don't share a bedroom or have sexual relations.

Where do you file for divorce in Delaware (e.g., resident county)?
File the Petition for Divorce/Annulment in the county where either you or your spouse lives.

What are the rules for filing divorce in Delaware?
Either you or your spouse must have resided in Delaware for at least 6 months immediately prior to filing, or been stationed in Delaware as military personnel for at least 6 months immediately prior to filing. For civil unions, additional specific rules apply.
https://courts.delaware.gov/family/divorce/

What are the primary documents for divorce called in Delaware?
Petition and Answer

Can you change your name during the divorce process in Delaware, and if so, how?
Yes. Submit an additional form. https://courts.delaware.gov/help/changename/

Can you finalize your divorce while pregnant in Delaware, and if so, how?
You can file while pregnant, but most judges will not finalize until after the baby is born.

Can you end a domestic partnership at the same time as divorce in Delaware?
Yes. https://delcode.delaware.gov/title13/c002/index.html

Are financial disclosures required in Delaware? Explain.
Yes. The "Ancillary Financial Disclosure Report" is required if requesting ancillary relief (property division, alimony, etc.). The petitioner must complete this report within 30 days after divorce decree entry.
https://courts.delaware.gov/forms/download.aspx?id=46658

Is there free legal help for divorce in Delaware, and how can it be accessed?
Yes. https://courts.delaware.gov/help/legalassistance.aspx

Does Delaware recognize common law marriage?
No.

Is e-filing available for divorce cases in Delaware?
Yes. https://courts.delaware.gov/efiling/

Is court attendance mandatory in Delaware divorces?
You decide. In uncontested cases, you can choose whether or not to have a hearing, notifying the court within 20 days of the Notice of Trial-Readiness.

Additional divorce information for Delaware:
Unless a judge grants your divorce without a hearing (based on your submitted affidavit), you must attend a final hearing. The judge may ask questions to ensure custody and child support arrangements serve the children's best interests.

Sources:

https://courts.delaware.gov

https://delcode.delaware.gov