How to File for Divorce
in Delaware
A complete guide for Delaware residents — residency requirements, no-fault grounds, filing fees, property division rules, and a 6-step process overview.
Filing Fee
$130-$200 (check with your Family Court)
Approximate
Timeline
6-12 months
Uncontested
Property
Equitable distribution
Division rule
Delaware Divorce — Key Facts
Residency Requirement
6 months in the state before filing
Grounds for Divorce
Irretrievable breakdown of the marriage
Separation Period
6 months of separation required before filing
Property Division
Equitable distribution
Filing Fee
$130-$200 (check with your Family Court)
Average Timeline
6-12 months
Delaware-Specific Rule
Delaware requires a 6-month separation period before filing for divorce based on irretrievable breakdown.
6-Step Divorce Process in Delaware
Confirm You Meet Residency Requirements
6 months in the state before filing. If you don't yet qualify, you can still start organizing your documents — just wait to file until the residency requirement is met.
Gather Financial and Personal Documents
Collect marriage certificate, bank statements, tax returns (last 2 years), property deeds, vehicle titles, retirement account statements, and any prenuptial agreements. JustiPal™ provides a complete document checklist.
Complete the Divorce Petition
File the Petition for Dissolution of Marriage (or Divorce Complaint, depending on Delaware's terminology). State the grounds as "Irretrievable breakdown of the marriage." Include your marriage date, separation date if applicable, and requested relief.
Serve Your Spouse
Your spouse must be formally notified of the divorce filing. This can be done by a process server, certified mail, or sheriff. Your spouse has a set number of days to respond.
Negotiate or Agree on Terms
Reach agreement on property division (Equitable distribution rules apply in Delaware), debt allocation, spousal support if applicable, and child custody and support if you have children.
Finalize the Divorce Decree
Submit your Settlement Agreement and financial disclosures to the court. For uncontested divorces, a judge reviews and signs the Final Judgment. Delaware requires a 6-month separation period before filing for divorce based on irretrievable breakdown.
Frequently Asked Questions — Delaware Divorce
How long do I have to live in Delaware before I can file for divorce?
6 months in the state before filing. This residency requirement must be met before the court can accept your divorce petition. If you don't yet meet the requirement, you can still begin organizing your documents and preparing your case.
What are the grounds for divorce in Delaware?
Delaware recognizes no-fault divorce based on "Irretrievable breakdown of the marriage." You don't need to prove fault, wrongdoing, or that your spouse did anything wrong — simply that the marriage has broken down and cannot be repaired.
How much does it cost to file for divorce in Delaware?
The estimated court filing fee in Delaware is $130-$200 (check with your Family Court). Filing fees vary by county. Additional costs may include a process server (typically $30–$100), and document preparation services like JustiPal™ ($197).
How is property divided in a Delaware divorce?
Delaware follows Equitable distribution rules. Delaware requires a 6-month separation period before filing for divorce based on irretrievable breakdown.
How long does divorce take in Delaware?
An uncontested divorce in Delaware typically takes 6-12 months. Separation period: 6 months of separation required before filing. Contested divorces involving disagreements over property division or child custody can take 1–3 years.
Related Resources
Free Check
Divorce Readiness Check
See if you're ready to file in Delaware — takes 2 minutes. Covers residency, documents, and property.
Check My ReadinessFull Service · $197
Divorce Intake Package
Guided divorce intake with Delaware-specific document checklist and organized filing packet.
- Complete intake workflow
- Delaware document checklist
- Property inventory worksheet
- Ready-to-file packet
Document preparation · Not a law firm
JustiPal™ is a document preparation service. We do not provide legal advice. For contested divorces or complex situations, consult a licensed family law attorney in Delaware.
Other State Guides