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Quick Answer
To file for divorce in Delaware, you must meet the state's residency requirements (6 months), prepare and file a petition with the Family Court, serve your spouse, and wait for the mandatory processing period. Delaware has no mandatory waiting period (6-month separation required for no-fault). Filing fees are approximately $150-$175.
Understanding how to file for divorce in Delaware is one of the most important steps in your divorce preparation. This guide covers what Delaware law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Before filing for divorce in Delaware, at least one spouse must have lived in the state for the required period (6 months). Military members stationed in Delaware may also qualify.
Section · 02
Delaware recognizes no-fault divorce grounds, and in many cases fault-based grounds as well. Most divorces proceed on no-fault grounds.
Section · 03
The divorce process begins when one spouse (the petitioner) files a petition for dissolution of marriage with the appropriate court. In Delaware, this is filed with the Family Court in the county where either spouse lives. The filing fee is approximately $150-$175.
Section · 04
After filing, the petition must be formally served on the other spouse (the respondent). Delaware allows service by personal service, service by mail, or constructive service in limited circumstances. The respondent typically has 20 days to respond.
Section · 05
Delaware has no mandatory waiting period (6-month separation required for no-fault). Courts may require completion of additional steps such as parenting courses if children are involved.
Section · 06
Once all issues are resolved — either by agreement or court decision — the court enters a final judgment of dissolution. In Delaware, this covers property division, equitable distribution of assets, spousal support, child custody, and child support.
What Makes Delaware Different
Delaware requires a 6-month separation before filing for no-fault divorce. The state also allows fault-based grounds including misconduct and separation caused by mental illness.
FAQ
Delaware has no mandatory waiting period (6-month separation required for no-fault). Uncontested divorces typically finalize in 2-6 months depending on your court's schedule. Contested cases can take 6-18 months or longer.
No, you can file without an attorney (pro se). However, if you have children, significant assets, or contested issues, an attorney is strongly recommended. DIVORSAY helps you prepare so your attorney can work more efficiently.
Many Delaware courts now offer e-filing options. Check with your local Family Court clerk for availability. DIVORSAY helps you organize everything you need before filing.
You don't need your spouse's consent to get divorced. If your spouse doesn't respond to the petition after being served, the court can grant a default judgment. The process takes longer but the divorce can proceed without cooperation.
Typically: the petition for dissolution, a summons, financial declarations, and if children are involved, a parenting plan. You'll also need 3-5 years of tax returns, pay stubs, bank statements, and property records. DIVORSAY's Evidence Vault helps you organize all of this.
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Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Delaware. You deserve someone in your corner.