Delaware Uncontested Divorce
File an uncontested divorce in Delaware without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.
What is an Uncontested Divorce?
An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.
Uncontested
- +Lower cost ($299 + filing fee with Divorce.ai)
- +Faster timeline (2-4 months)
- +Less stress and conflict
- +No lawyer required
Contested
- -Higher cost ($$5,000-$$15,000+)
- -Longer timeline (6-18+ months)
- -Higher conflict and stress
- -Attorney usually needed
Do You Qualify for an Uncontested Divorce in Delaware?
To file an uncontested divorce in Delaware, you generally need to meet these criteria:
Residency requirement met
At least one spouse has lived in Delaware for 6 months.
Agreement on property division
Both spouses agree on how to divide all marital assets and debts.
Agreement on child custody and support (if applicable)
If children are involved, both spouses agree on custody, visitation, and child support.
Agreement on spousal support (if any)
Both spouses agree on whether spousal support will be paid, the amount, and duration.
Spouse is willing to participate
Your spouse must either sign the agreement or be properly served and not contest the filing.
Check your eligibility in 5 minutes
Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.
Delaware Uncontested Divorce on the Papers
Delaware allows uncontested divorces to be resolved entirely on the papers without either party appearing in court. When the respondent agrees with or does not contest the petition, the petitioner may request that the court decide the case based solely on the filed documents. This significantly expedites the process and reduces costs.
Requirements for Uncontested Divorce on the Papers
Both spouses agree to the divorce and all related terms
The respondent files an Answer agreeing with the petition or fails to respond within 20 days
Six-month residency requirement has been met
The petitioner requests the court decide based on filed papers without a hearing
How to File an Uncontested Divorce in Delaware
Reach Agreement with Your Spouse
Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.
Complete Your Forms
Fill out the 2 required forms for Delaware. See the complete forms list.
File Your Petition
File the petition with your local court and pay the $165 filing fee. E-filing may be available in your county.
Serve Your Spouse
Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.
Wait for the Mandatory Period
Delaware does not have a mandatory waiting period, so your case can move forward quickly.
Receive Your Final Decree
Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.
File your uncontested divorce with confidence
Divorce.ai prepares all your Delaware forms and settlement agreement. Guided, accurate, and affordable.
Common Mistakes in Uncontested Divorces
Not putting your agreement in writing
Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.
Forgetting about retirement accounts
401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.
Incomplete financial disclosure
Delaware requires financial disclosure within 30 days. Hiding assets can void your agreement.
Skipping proper service
Even if your spouse agrees, improper service can invalidate the entire case. Follow Delaware's service rules carefully.