Delaware · Divorce laws · Updated Oct 2026
Delaware divorce laws
Who can file for divorce in Delaware, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Delaware
- Who can file (residency)
- You or your spouse must have lived in Delaware, or been stationed there in the military, for at least 6 months in a row right before you file.
- Waiting period
- You can file anytime, but the court won't move forward until you and your spouse have been separated for at least 6 months, unless you file on misconduct grounds (such as abuse, adultery or desertion). You can be 'separated' under the same roof if you don't share a bedroom or have sex. If you have children, both parents' parent-education certificates must also be filed.
- Court
- Family Court in the county where you or your spouse live
- Official forms
- Divorce forms (Delaware courts)
- Court self-help
- Divorce self-help (Delaware courts)
- Filing fee
- $165 for a divorce petition, plus a $10 court security fee (Family Court Schedule of Assessed Costs, effective 7/20/2026)
- If you can't afford the fee
- File Form 257P, Affidavit in Support of Application to Proceed In Forma Pauperis, with proof of your finances.
- Simpler process for agreed cases
- If your spouse doesn't answer within 20 days, or agrees, the case is uncontested and you can ask the court to decide on the papers without a hearing (Form 446 Request to Proceed without a Hearing). Your spouse can also sign Form 263, Affidavit of Appearance and Waiver of Rights.
- E-filing
- You can file the petition and forms by email ([email protected]) and pay by credit card, by mail, or in person at a Resource Center.
- Law
- 13 Del. C. 1504(a) · 13 Del. C. 1503, 1505; Delaware Family Court
Divorce in Delaware, step by step
Check that you can file in Delaware
You or your spouse must have lived in Delaware, or been stationed there in the military, for at least 6 months in a row right before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (Delaware courts) If your spouse doesn't answer within 20 days, or agrees, the case is uncontested and you can ask the court to decide on the papers without a hearing (Form 446 Request to Proceed without a Hearing).
File the papers and pay the fee, or ask for a waiver
File with the Family Court in the county where you or your spouse live. Filing fee: $165 for a divorce petition, plus a $10 court security fee (Family Court Schedule of Assessed Costs, effective 7/20/2026) Can't afford it? File Form 257P, Affidavit in Support of Application to Proceed In Forma Pauperis, with proof of your finances.
Serve your spouse
Your spouse must get notice of the petition.
Your spouse responds
20 days after service (13 Del. C. 1508; Family Court divorce packet). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
You can file anytime, but the court won't move forward until you and your spouse have been separated for at least 6 months, unless you file on misconduct grounds (such as abuse, adultery or desertion).
Agree, or go to mediation or a hearing
Family Court commonly uses mediation in custody and visitation matters; ask the Resource Center. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. Ask in your petition (or later by motion) to resume your maiden or former name.
Free tools for Delaware
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Divorce timeline estimator for Delaware
See the earliest date the law lets a judge sign your final divorce decree, from your filing date. Nothing you type here is sent anywhere.
Grounds for divorce in Delaware
- No-fault ground
- the marriage is irretrievably broken and reconciliation is improbable (shown by voluntary separation, or separation caused by incompatibility, misconduct or mental illness)
- Fault grounds
- Also allowed
- Living apart first
- 6 months living separate and apart (can be under the same roof) before the divorce is decided, except misconduct cases
- Law
- 13 Del. C. 1503, 1505
Property and debts in Delaware
- System
- Equitable distribution
- The rule
- If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, looking at factors like length of the marriage, each spouse's income and needs, and contributions including as homemaker.
- Law
- 13 Del. C. 1513
Alimony (spousal support) in Delaware
Only a 'dependent' spouse can get alimony. If you were married less than 20 years, alimony can last no more than 50% of the length of the marriage; after 20 years there is no time limit. The court can also order interim alimony while the case is pending. 13 Del. C. 1512.
Children: custody and support in Delaware
- What Delaware calls custody
- custody and visitation
- Parenting class
- Yes. If you have children together, both parents must take an approved Parent Education Class and file the certificates before the divorce can proceed. List: https://courts.delaware.gov/forms/download.aspx?id=23228
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Delaware Division of Child Support Services (DCSS)
Serving your spouse in Delaware
- How your spouse gets the papers
- Your spouse must get notice of the petition. They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights. If you can't find your spouse, notice can be published free on the Family Court Legal Notices website.
- Time to respond
- 20 days after service (13 Del. C. 1508; Family Court divorce packet).
- Law
- 13 Del. C. 1508
Going back to a former name in Delaware
Yes. Ask in your petition (or later by motion) to resume your maiden or former name. You can only change your own name, and only to a former name.
Mediation in Delaware
Family Court commonly uses mediation in custody and visitation matters; ask the Resource Center.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Delaware: If you are in danger, call 911. Protection from Abuse (PFA) orders are filed in Family Court: https://courts.delaware.gov/family/
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Free help in Delaware
Good to know in Delaware
- Delaware alimony can't last longer than half the marriage unless you were married 20 years or more (13 Del. C. 1512(d)).
- You can count your 6-month separation while still living in the same home, as long as you don't share a bedroom or have sex (Delaware Family Court).
Changes in 2024–2026
Family Court's Schedule of Assessed Costs was updated effective July 20, 2026 (divorce petition $165 plus $10 security fee).
Divorce checklist for Delaware
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Delaware
How long do you have to live in Delaware to file for divorce?
You or your spouse must have lived in Delaware, or been stationed there in the military, for at least 6 months in a row right before you file.
How long does a divorce take in Delaware?
You can file anytime, but the court won't move forward until you and your spouse have been separated for at least 6 months, unless you file on misconduct grounds (such as abuse, adultery or desertion). You can be 'separated' under the same roof if you don't share a bedroom or have sex. If you have children, both parents' parent-education certificates must also be filed.
What are the grounds for divorce in Delaware?
Delaware's no-fault ground is the marriage is irretrievably broken and reconciliation is improbable (shown by voluntary separation, or separation caused by incompatibility, misconduct or mental illness). Fault grounds are also allowed. 6 months living separate and apart (can be under the same roof) before the divorce is decided, except misconduct cases.
Is Delaware a community property state?
No. Delaware uses equitable distribution. If either spouse asks, the court divides marital property fairly, without regard to marital misconduct, looking at factors like length of the marriage, each spouse's income and needs, and contributions including as homemaker.
How much does it cost to file for divorce in Delaware?
$165 for a divorce petition, plus a $10 court security fee (Family Court Schedule of Assessed Costs, effective 7/20/2026)
Can I get the divorce filing fee waived in Delaware?
File Form 257P, Affidavit in Support of Application to Proceed In Forma Pauperis, with proof of your finances.
Is there a simpler divorce process in Delaware?
If your spouse doesn't answer within 20 days, or agrees, the case is uncontested and you can ask the court to decide on the papers without a hearing (Form 446 Request to Proceed without a Hearing). Your spouse can also sign Form 263, Affidavit of Appearance and Waiver of Rights.
How long does my spouse have to respond in Delaware?
20 days after service (13 Del. C. 1508; Family Court divorce packet).
Can I change my name back in a divorce in Delaware?
Yes. Ask in your petition (or later by motion) to resume your maiden or former name. You can only change your own name, and only to a former name.
Is mediation required in a divorce in Delaware?
Family Court commonly uses mediation in custody and visitation matters; ask the Resource Center.
Do divorcing parents have to take a class in Delaware?
Yes. If you have children together, both parents must take an approved Parent Education Class and file the certificates before the divorce can proceed. List: https://courts.delaware.gov/forms/download.aspx?id=23228
How does alimony work in Delaware?
Only a 'dependent' spouse can get alimony. If you were married less than 20 years, alimony can last no more than 50% of the length of the marriage; after 20 years there is no time limit. The court can also order interim alimony while the case is pending. 13 Del. C. 1512.