Getting Divorced in Delaware: A Legal Guide

Before filing for divorce in Delaware, ensure you meet the residency requirements. Either you or your spouse must have been a resident of Delaware for at least 6 months immediately preceding the filing of the divorce petition. If you don't meet this requirement, you'll need to wait until you do before proceeding.

Delaware allows for both no-fault and fault-based divorces. The most common ground is 'incompatibility' (no-fault), meaning the marriage is irretrievably broken. Alternatively, you can file based on voluntary separation for 6+ months. Decide which grounds apply to your situation as this will affect your petition.

Collect all financial records including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, and insurance policies. These will be needed for the Financial Disclosure Declaration and property division negotiations.

This is the formal document that initiates the divorce process. Include your name, spouse's name, date and place of marriage, grounds for divorce, statement about residency requirements, and information about children if applicable. Also include requests regarding property division, alimony, child custody, and child support if relevant.

A summons notifies your spouse that you've filed for divorce and that they have a specific timeframe (usually 20 days in Delaware) to respond. The summons must be served along with the petition.

File the petition and summons with the Family Court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $150-$300). If you cannot afford the fee, you can apply for a fee waiver by filing an Affidavit of Indigency.

Your spouse must be legally notified of the divorce filing. In Delaware, this can be done through sheriff service, certified mail with return receipt, or by a private process server. Personal service is preferred. You cannot serve the papers yourself. After service, a proof of service document must be filed with the court.

If you're the respondent, you must file a response within 20 days of being served. If you're the petitioner, review your spouse's response when received. The response indicates whether your spouse agrees with the requests in your petition or wishes to contest certain aspects.

Both spouses must complete and exchange detailed financial disclosures. This document requires listing all assets, debts, income, and expenses. Be thorough and honest—intentionally hiding assets can result in penalties from the court.

If you have minor children, create a detailed parenting plan addressing legal custody, physical custody arrangements, visitation schedules, holiday schedules, transportation arrangements, and decision-making authority for education, healthcare, and religious upbringing. Delaware courts prioritize the best interests of the child when reviewing these plans.

Delaware uses the 'Delaware Child Support Formula' (Melson Formula) to calculate child support. Complete the worksheet using both parents' incomes and other factors like healthcare costs and childcare expenses. This calculation is mandatory even if parents agree on an amount.

Work with your spouse (and attorneys if applicable) to reach agreement on property division, debt allocation, alimony, child custody, and support. Delaware follows 'equitable distribution' principles, meaning property is divided fairly but not necessarily equally. Consider mediation if negotiations stall.

If retirement accounts need to be divided, a QDRO is required. This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may require specific language, so consider having an attorney or QDRO specialist prepare this document.

Delaware requires divorcing parents to attend a parent education program. This course focuses on minimizing the impact of divorce on children. You must complete this before the final hearing and file the certificate of completion with the court.

If all issues are resolved, you'll attend an uncontested hearing. If issues remain disputed, prepare for a trial. Organize all documents, prepare testimony, and consider what witnesses or evidence you'll need. In Delaware, there's typically a 30-day waiting period between filing and when the court can grant the divorce.

The Final Decree officially ends your marriage and contains all court orders regarding property division, alimony, child custody, and support. Review it carefully before submission. In some cases, you may need to prepare this document for the judge's signature.

If child support or alimony is ordered, a wage withholding order may be necessary. This document directs an employer to withhold support payments from the paying spouse's wages and send them directly to the receiving spouse or state disbursement unit.

After the divorce is finalized, update your name (if changed), address, beneficiary designations on insurance policies and retirement accounts, wills, powers of attorney, and other legal documents. Notify creditors, DMV, Social Security Administration, and other relevant entities of your divorce and any name change.

Execute any property transfers required by the divorce decree. This may include refinancing mortgages, transferring vehicle titles, or executing deeds. For real estate transfers in Delaware, you'll need to record new deeds with the county recorder's office where the property is located.

Understand how your divorce affects your tax filing status. Your marital status on December 31 determines your filing status for that tax year. If your divorce is final by December 31, you cannot file as married. Consult with a tax professional about potential implications for deductions, credits, and who claims children as dependents.