How to File for Divorce in Delaware
Complete guide to the Delaware divorce process, forms, and requirements for 2025
Steps to File for Divorce in Delaware
1
Meet Residency Requirements
One spouse must have been a resident of Delaware for at least 6 months before filing for divorce.
2
File the Petition
File a Petition for Divorce with Family Court. Delaware allows no-fault divorce based on incompatibility or separation.
3
Serve Your Spouse
Your spouse must be served with the petition and summons. They have 20 days to file a response.
4
Complete Financial Disclosures
Both parties must exchange financial information including income, assets, debts, and expenses.
5
Attend Mediation if Required
Delaware may require mediation for contested issues before proceeding to trial.
6
Finalize the Divorce
Once all issues are resolved and the waiting period has passed, attend a final hearing to obtain your divorce decree.
Delaware Divorce Requirements
Residency Requirement
6 Months
At least one spouse must have been a bona fide resident of Delaware for 6 months before filing.
Waiting Period
None
Delaware has no mandatory waiting period. Uncontested divorces can be finalized quickly once filed.
Filing Fees
$165
The filing fee is $165. Additional fees may apply for service. Fee waivers available for low-income filers.
Required Delaware Divorce Forms
Petition for Divorce
Primary form to initiate divorce
Summons
Legal notice to respondent
Financial Report
Income and expense disclosure
Parenting Plan
Custody arrangement for children
Property Division Worksheet
List of marital assets and debts
Contested vs. Uncontested Divorce in Delaware
Uncontested Divorce
- Both spouses agree on all terms
- Can be finalized in 6-8 weeks
- Submit stipulation of facts
- May not require court hearing
- Lower costs
- Simplified procedures available
Contested Divorce
- Spouses disagree on issues
- Takes 6 months to years
- Requires discovery process
- Multiple court hearings
- May need mediation
- Trial if no settlement
Important Things to Know
Delaware follows equitable distribution for dividing marital property. The court considers factors like marriage length, each spouse's contribution, and economic circumstances. Delaware Family Court has exclusive jurisdiction over all divorce matters.
Delaware-Specific Considerations
- Delaware is an equitable distribution state
- No mandatory waiting period for no-fault divorce
- Separation can be used as grounds (6 months)
- Family Court handles all divorce matters
- Mediation services available through court
Ready to Start Your Delaware Divorce?
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