Delaware · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Delaware

An agreed (uncontested) divorce in Delaware, from official sources: who can use the process for agreed cases, the residency rule, the waiting period, the official forms, the filing fee, the fee waiver, e-filing, how your spouse can sign instead of being served and mediation.

In short

Agreed cases in Delaware, according to the official sources: 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).

Who can file (residency)
6 months
Waiting period
See the rule
Filing fee
$165

Who can use the process for agreed cases 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.

Before you 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.
Law
13 Del. C. 1504(a) · 13 Del. C. 1503, 1505; Delaware Family Court

Forms, fees and filing in Delaware

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.
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.

If your spouse agrees to sign

They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights.

If you agree on only some issues

Family Court commonly uses mediation in custody and visitation matters; ask the Resource Center.

An uncontested divorce in Delaware, step by step

  1. 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.

  2. See if you qualify for the simpler process

    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).

  3. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Delaware courts)

  4. File, and pay the fee or ask for a waiver

    $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. 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.

  5. Have your spouse sign or be served

    They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights.

  6. 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).

  7. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Delaware

Is there a simplified divorce for agreed cases 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 an uncontested 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.

Who can file for an uncontested divorce 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.

Does my spouse have to be served if we agree in Delaware?

They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights.

Can we file for divorce online in Delaware?

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.

How much does it cost to file an uncontested divorce in Delaware?

$165 for a divorce petition, plus a $10 court security fee (Family Court Schedule of Assessed Costs, effective 7/20/2026)

Is mediation required in Delaware?

Family Court commonly uses mediation in custody and visitation matters; ask the Resource Center.

More about divorce in Delaware

Uncontested divorce in nearby states

Sources

Last checked: Oct 24, 2026.