How to File for Divorce in Delaware (2026)
Reviewed by DocDraft Legal Team · Delaware · Last updated 2026-05-18
In Delaware, divorce is a creature of the Delaware code, not a one-size national form. Delaware splits property under equitable distribution (a fair, not automatically equal, split) and treats a divorce as granted when the marriage is irretrievably broken. Residency is the gate: Either petitioner or respondent must have actually resided in Delaware, or been stationed in Delaware as a member of the armed services, continuously for 6 or more months immediately preceding the commencement of the action. This guide lays out the Delaware-specific filing sequence and the statutes, beginning with 13 Del. C. § 1505, that govern it.
Key Considerations
Delaware resolves the marital estate under a fair-but-not-equal equitable-distribution framework. Equitable distribution of all marital property under 13 Del. C. § 1513; the court considers 11 enumerated factors including length of marriage, prior marriages, age and health, occupations, sources of income, vocational skills, contributions to acquisition, and the desirability of awarding the family home to the custodial parent. Marital fault is expressly not a factor. The controlling authority is 13 Del. C. § 1513.
The child-support number is not discretionary: Melson formula (a hybrid of income shares and percentage of obligor income) under Delaware Family Court Child Support Formula; both parents' net incomes after self-support reserve are applied to a primary-support obligation with a standard-of-living adjustment 13 Del. C. § 514; Del. Family Court Child Support Formula codifies it, with the official calculator.
On spousal support, A dependent spouse may receive alimony for up to 50% of the length of the marriage, unless the marriage lasted 20 years or longer (in which case no time limit applies); the court considers 11 enumerated factors including financial resources, time and expense for education or training, standard of living, duration of marriage, age and condition, contributions to other spouse's education, and tax consequences. The governing authority is 13 Del. C. § 1512.
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Relevant Documents
For a Delaware case specifically, Petition for Divorce / Annulment (Form 410) and Information Sheet; accompanied by Affidavit of Children (for cases with minor children) and Request for Notice of Final Decree
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Delaware Divorce Residency Requirements
To file for divorce in Delaware, either you or your spouse must have been a resident of the state for at least 6 months immediately preceding the filing. This residency requirement must be met before the Delaware Family Court can have jurisdiction over your divorce case.
No-Fault Divorce Grounds in Delaware
Delaware is a no-fault divorce state, meaning you can file for divorce based on 'irreconcilable differences' or if you and your spouse have lived separate and apart for 6 months or more. You don't need to prove that your spouse did something wrong to cause the divorce.
Delaware Property Division Laws
Delaware follows the 'equitable distribution' principle for dividing marital property. This means that assets and debts acquired during the marriage will be divided fairly, but not necessarily equally. The court considers factors such as the length of the marriage, each spouse's economic circumstances, and contributions to the marriage.
Delaware Alimony Laws
The court may award alimony (spousal support) to either spouse based on factors including the length of the marriage, each spouse's financial resources, age, health, and earning capacity. Alimony can be temporary, rehabilitative, or permanent depending on the circumstances.
Delaware Child Custody Laws
Delaware courts make custody decisions based on the 'best interests of the child' standard. The court considers factors such as the wishes of the parents and child, the child's relationship with each parent, and the child's adjustment to home, school, and community. Joint custody is often preferred when appropriate.
Delaware Child Support Guidelines
Child support in Delaware is calculated using the Delaware Child Support Formula, which considers both parents' incomes, the number of children, healthcare costs, childcare expenses, and other factors. These guidelines help ensure children receive appropriate financial support from both parents.
Delaware Divorce Waiting Period
After filing for divorce in Delaware, there is a 60-day waiting period before the divorce can be finalized. This period begins after the respondent is served with divorce papers or signs a waiver of service.
Parent Education Program Requirement
In Delaware divorces involving children under 18, both parents must complete a Parent Education Program. This course helps parents understand how divorce affects children and provides strategies for co-parenting effectively after divorce.
Regional Variances
Northern Delaware
New Castle County is Delaware's most populous county and handles the highest volume of divorce cases. The Family Court in New Castle County typically has longer processing times due to case volume. Residents should expect potentially longer waiting periods for hearings. The court offers specific mediation services tailored to high-asset divorces common in this region due to its corporate presence and higher income demographics.
As Delaware's largest city, Wilmington has additional legal aid resources specifically for divorce cases, including the Delaware Volunteer Legal Services and Community Legal Aid Society with offices downtown. The Leonard L. Williams Justice Center handles family court matters, and urban residents may face unique considerations regarding property division for city properties and apartments.
Southern Delaware
Sussex County has a more rural character and seasonal population fluctuations due to beach communities. The Family Court in Georgetown may have different scheduling patterns, often with shorter waiting periods than New Castle County. Property division can be more complex when dealing with vacation homes, agricultural land, or seasonal businesses. The court may be more familiar with handling divorces involving retirement-age couples, as the county has a higher percentage of retirees.
Kent County, with its Family Court in Dover, typically offers intermediate processing times between the busier New Castle and less congested Sussex courts. Military divorces are more common here due to the proximity to Dover Air Force Base, and the court has specific experience with military pension division and benefits considerations. The county also offers specialized mediation services that may differ from those in other Delaware counties.
Statewide Considerations
Unlike many states, Delaware's property division matters in high-asset divorces may sometimes involve the Court of Chancery when complex business interests are at stake, particularly with ownership in Delaware-incorporated companies. This unique feature of Delaware's legal system can affect divorce proceedings involving significant business assets regardless of which county you reside in.
Divorces in Delaware's beach communities (Rehoboth, Lewes, Bethany Beach, etc.) often involve consideration of vacation properties with fluctuating seasonal values. Local courts have developed expertise in handling these cases, which may involve property that generates rental income or is co-owned with extended family members through LLCs or other arrangements common in vacation property ownership.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingEither petitioner or respondent must have actually resided in Delaware, or been stationed in Delaware as a member of the armed services, continuously for 6 or more months immediately preceding the commencement of the action (13 Del. C. § 1504(a)).
State the grounds
Before filing days after startingSole ground is that the marriage is irretrievably broken and reconciliation is improbable. Irretrievable breakdown is demonstrated by voluntary separation, separation caused by respondent's misconduct (adultery, bigamy, conviction of a crime with imprisonment of one or more years, physical or verbal abuse, desertion, willful refusal to perform marital obligations, contracting a sexually transmitted disease, or habitual drunkenness or drug use), separation caused by mental illness, or separation caused by incompatibility (13 Del. C. § 1505).
Start the action: file the petition with the court
At filing days after startingPetition for Divorce / Annulment (Form 410) and Information Sheet; accompanied by Affidavit of Children (for cases with minor children) and Request for Notice of Final Decree Expect a filing fee of approximately $165 filing fee for a divorce petition in Delaware Family Court (county-uniform statewide schedule). A fee waiver is available: Petition to Proceed In Forma Pauperis allows fee waiver for indigent petitioners; submit with proof of income / public assistance.
Handle service and disclosure
After filing days after startingAfter filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support.
Close out the case
After filing days after startingWith the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage.
Calendar the statutory timeline
Final step days after startingParties must have been separated for 6 months before the court may rule on the divorce petition; a petition may be filed earlier but no decree may issue until the 6-month separation is satisfied. See 13 Del. C. § 1505.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | Either petitioner or respondent must have actually resided in Delaware, or been stationed in Delaware as a member of the armed services, continuously for 6 or more months immediately preceding the commencement of the action (13 Del. C. § 1504(a)). | - | Before filing |
| State the grounds | Sole ground is that the marriage is irretrievably broken and reconciliation is improbable. Irretrievable breakdown is demonstrated by voluntary separation, separation caused by respondent's misconduct (adultery, bigamy, conviction of a crime with imprisonment of one or more years, physical or verbal abuse, desertion, willful refusal to perform marital obligations, contracting a sexually transmitted disease, or habitual drunkenness or drug use), separation caused by mental illness, or separation caused by incompatibility (13 Del. C. § 1505). | - | Before filing |
| Start the action: file the petition with the court | Petition for Divorce / Annulment (Form 410) and Information Sheet; accompanied by Affidavit of Children (for cases with minor children) and Request for Notice of Final Decree Expect a filing fee of approximately $165 filing fee for a divorce petition in Delaware Family Court (county-uniform statewide schedule). A fee waiver is available: Petition to Proceed In Forma Pauperis allows fee waiver for indigent petitioners; submit with proof of income / public assistance. | divorce-petition | At filing |
| Handle service and disclosure | After filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support. | - | After filing |
| Close out the case | With the statutory period satisfied and all terms agreed or tried, the court enters the order that legally ends the marriage. | - | After filing |
| Calendar the statutory timeline | Parties must have been separated for 6 months before the court may rule on the divorce petition; a petition may be filed earlier but no decree may issue until the 6-month separation is satisfied. See 13 Del. C. § 1505. | - | Final step |
Frequently Asked Questions
Either petitioner or respondent must have actually resided in Delaware, or been stationed in Delaware as a member of the armed services, continuously for 6 or more months immediately preceding the commencement of the action. This is set by 13 Del. C. § 1504(a).
Sole ground is that the marriage is irretrievably broken and reconciliation is improbable. Irretrievable breakdown is demonstrated by voluntary separation, separation caused by respondent's misconduct (adultery, bigamy, conviction of a crime with imprisonment of one or more years, physical or verbal abuse, desertion, willful refusal to perform marital obligations, contracting a sexually transmitted disease, or habitual drunkenness or drug use), separation caused by mental illness, or separation caused by incompatibility. The governing statute is 13 Del. C. § 1505.
Delaware uses equitable distribution (a fair, not automatically equal, split). Equitable distribution of all marital property under 13 Del. C. § 1513; the court considers 11 enumerated factors including length of marriage, prior marriages, age and health, occupations, sources of income, vocational skills, contributions to acquisition, and the desirability of awarding the family home to the custodial parent. Marital fault is expressly not a factor. See 13 Del. C. § 1513.
approximately $165 filing fee for a divorce petition in Delaware Family Court (county-uniform statewide schedule) Petition to Proceed In Forma Pauperis allows fee waiver for indigent petitioners; submit with proof of income / public assistance
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