Delaware State Laws
Updated for 2026
Delaware Divorce Laws
Your complete guide to divorce in Delaware. Delaware uses the unique Melson Formula for child support and has no mandatory waiting period.
Understanding Delaware Divorce Law
Property Division
Delaware follows Equitable Distribution. Courts divide marital property fairly based on relevant factors.
Fair DivisionGrounds for Divorce
No-Fault: Incompatibility or voluntary separation. Delaware is a pure no-fault state.
No-Fault OnlyChild Custody
Courts determine custody based on the best interests of the child with emphasis on maintaining relationships.
Best InterestsChild Support - Melson Formula
Delaware uses the unique Melson Formula, which ensures parents basic needs are met before calculating support.
Melson FormulaChild Custody Factors
1
Wishes of child and parents
2
Childs relationship with parents and siblings
3
Childs adjustment to home, school, community
4
Mental and physical health of all individuals
5
Past and present compliance with parental rights
6
Any evidence of domestic violence
7
Criminal history of any party
Spousal Support
Temporary Alimony
Support during proceedings
Rehabilitative Alimony
Support for education or training
Permanent Alimony
Ongoing support for long marriages
Key Statutes
13 Del. C. 1505
Grounds for Divorce
Incompatibility as no-fault ground
13 Del. C. 1513
Property Division
Equitable distribution of marital property
13 Del. C. 722
Child Custody
Best interests of child standard
13 Del. C. 514
Child Support
Melson Formula guidelines
Recent Changes
2024
Melson Formula Updates
Delaware updated the Melson Formula to reflect current cost of living standards.
2023
Virtual Hearings
Permanent authorization for virtual family court hearings in certain cases.
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