Delaware Divorce Guide
Everything you need to know about filing for divorce in Delaware — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Delaware Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 0 days — Delaware has no statutory waiting period after filing before the court can grant a divorce. However, the six-month residency and/or separation requirement must be met before filing or before the hearing. If the petition is contested, the court may delay proceedings for 60 days for mediation or reconciliation attempts. Uncontested cases may be resolved relatively quickly once the respondent's answer deadline has passed. |
| Filing Fee | $165(fee waiver available) |
| No-Fault Grounds | Irretrievable Breakdown - Voluntary Separation, Irretrievable Breakdown - Respondent's Misconduct, Irretrievable Breakdown - Incompatibility |
| Fault Grounds | None |
| Property Division | Equitable Distribution |
| E-Filing | Available — Delaware courts use File & ServeXpress for electronic filing in the Supreme Court, Court of Chancery, and Superior Court. Family Court e-filing availability varies. Self-represented litigants should check with their local Family Court for current e-filing options. Registration with File & ServeXpress is required for applicable courts. |
| Response Window | 20 days — Under Delaware Family Court Rules, the respondent has 20 days after being served with the Petition for Divorce/Annulment to file an Answer. If no Answer is filed within 20 days, or if the Answer agrees with the divorce request, the petition is considered uncontested and the petitioner may request a decision on the papers alone or schedule a hearing. |
Grounds for Divorce in Delaware
irretrievable breakdown of the marriage
No-Fault Grounds
- Irretrievable Breakdown - Voluntary Separation — Under 13 Del. Code 1505(b)(1), the marriage is irretrievably broken because the parties have voluntarily lived separate and apart without cohabitation for a period of six months or more prior to the filing of the petition or the commencement of the hearing.
- Irretrievable Breakdown - Respondent's Misconduct — Under 13 Del. Code 1505(b)(2), the marriage is irretrievably broken because of the respondent's misconduct, which caused the separation. The accusing spouse is not required to provide evidence of specific misconduct.
- Irretrievable Breakdown - Incompatibility — Under 13 Del. Code 1505(b)(3), the marriage is irretrievably broken because of incompatibility, where irreconcilable differences or personality conflicts make it impossible for the parties to continue living together.
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How to File for Divorce in Delaware
Meet Residency Requirements
You must have lived in Delaware for at least 6 months before filing. Under 13 Del. Code 1504(a), at least one spouse must have been a bona fide resident of Delaware for at least six months immediately before the filing of the petition for divorce. Military personnel stationed in Delaware may satisfy the residency requirement after six months of assignment. The petition must be filed in the Family Court in the county where either the petitioner or the respondent resides.
Complete Your Forms
Delaware requires 2 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $165 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: Personal Service by Sheriff or Process Server, Certified Mail, Service by Publication, Acceptance of Service. If the respondent is served within Delaware, they have 20 days to respond. Service outside Delaware may allow additional time. Failure to serve within 120 days may result in the court requiring the petitioner to show cause why the case should not be dismissed.
Wait for Response & Finalize
Your spouse has 20 days to respond. After the 0-day waiting period, the court can issue your final decree.
Special Rules in Delaware
No-Fault Only State
Delaware is a purely no-fault divorce state. The only ground for divorce is irretrievable breakdown of the marriage under 13 Del. Code 1505, which can be established through voluntary separation, respondent's misconduct, or incompatibility. There are no fault-based grounds.
Decision on Papers Without Hearing
In uncontested cases, the petitioner may request that the court decide the case based solely on the filed papers without either party appearing for a hearing. This streamlines the process significantly.
Mandatory Parenting Education
In cases involving minor children under 18, both parents are required to attend a certified parenting education course. The program is 6-8 hours and costs up to $100 per parent (typically around $50). Each county court operates its own program.
Alimony Duration Cap
Under 13 Del. Code 1512(d), alimony eligibility is capped at 50% of the length of the marriage. For marriages of 20 years or longer, there is no time limit on alimony eligibility.
Mandatory Requirements
Parenting Course Required
Under Delaware Family Court Rule, both parents in divorce cases involving minor children under 18 must attend a certified parenting education course (typically 6-8 hours). Each county operates its own program with fees capped at $100 per parent (usually around $50). The course educates parents about the effects of divorce on children and strategies to minimize harm.
Financial Disclosure
Both parties must exchange financial disclosures within 30 days of filing.
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