Divorce in Delaware

Divorce in Delaware – An Overview

In Delaware, divorce is a no-fault process, which means you don’t have to prove wrongdoing—only that the marriage is irretrievably broken. At least one spouse must have lived in Delaware for 6 months before filing.

You begin by filing a Petition for Divorce with the Family Court and paying the required filing fee (typically $165–$200). Then you must legally serve your spouse with the divorce papers. Both parties exchange financial information and work out agreements on property division, alimony, child custody, and child support.

Delaware requires a 6-month separation period before the divorce can be finalized unless certain fault-based grounds apply. You can represent yourself or seek legal assistance if needed.

Delaware Divorce Requirements

• Residency:  Either spouse must have lived in Delaware for at least 6 months  before filing.
• Grounds:  No-fault (irreconcilable differences) and fault-based options (adultery, misconduct, abandonment, etc.).
• Separation:  At least 6 months apart  before finalization, unless waived for fault-based grounds.
• Court:  Delaware Family Court handles all divorce cases.

Delaware Divorce Costs & Fees

• Filing Fee:  Approximately $165–$200
• Additional Costs:  Service fees, mediation (if required), certified copies, and possible legal representation fees.
• Fee Waiver:  You may apply for a waiver if you meet income eligibility requirements.

Child Custody & Support in Delaware

Delaware courts decide custody based on the best interests of the child, considering factors like parental involvement, stability, and the child’s needs.

Child support is calculated using the Melson Formula, factoring in each parent’s income, number of children, and shared expenses.