Divorce in Delaware

Overview of Divorce in Delaware

Delaware governs divorce under Title 13 of the Delaware Code, Chapter 15. The state is a no-fault only jurisdiction, meaning that the sole ground for divorce is the irretrievable breakdown of the marriage. Delaware courts apply equitable distribution principles when dividing marital property. The Delaware Family Court handles all divorce proceedings, and the state’s approach emphasizes efficiency and resolution without requiring either party to prove misconduct.

For a broader understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

Under 13 Del. C. Section 1504, at least one spouse must have been a bona fide resident of Delaware for at least six months immediately preceding the filing of the petition. The divorce is filed in the Family Court of the county where either spouse resides. Delaware’s six-month residency requirement is shorter than many states, which can be an advantage for individuals who have recently relocated.

Grounds for Divorce

Delaware is one of a minority of states that recognize only no-fault grounds for divorce. The sole statutory ground is that the marriage is irretrievably broken, as evidenced by reconciliation being improbable. Under 13 Del. C. Section 1505, the court may find irretrievable breakdown when the parties have voluntarily lived separate and apart without cohabitation for a period of separation, or when the court determines based on the evidence that reconciliation is not probable.

Because Delaware does not recognize fault-based grounds, allegations of adultery, cruelty, or other misconduct are not relevant to the granting of the divorce itself. However, certain conduct may be considered in the context of property division or custody determinations.

Filing Fees and Costs

The filing fee for a divorce petition in Delaware is approximately $150 to $175, depending on the county. Additional costs may include fees for service of process, document certification, and mandatory programs such as parenting education classes when minor children are involved. Fee waivers are available for individuals who demonstrate financial need. Attorney fees vary based on the complexity of the case.

Waiting Period

Delaware does not impose a specific mandatory waiting period between filing and the final decree. However, the court must schedule and hold a hearing, and the practical timeline depends on the court’s docket and the nature of the case. Parties must demonstrate that the marriage is irretrievably broken before the court will grant the divorce.

Property Division

Delaware follows equitable distribution under 13 Del. C. Section 1513. The court divides marital property fairly, considering factors that include:

• The length of the marriage
• Any prior marriage of either party
• The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party
• Whether the property award is in lieu of or in addition to alimony
• The opportunity of each party for future acquisition of assets and income
• The contribution of each party to the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a spouse as homemaker
• The value of the property set apart to each spouse
• The economic circumstances of each party at the time the division is to become effective
• Tax consequences of the proposed division

Delaware distinguishes between marital and separate property. Separate property generally includes assets acquired before the marriage, by inheritance, or by gift and is typically not subject to division unless it has been commingled with marital assets.

Alimony

Delaware courts may award alimony under 13 Del. C. Section 1512. The court considers the financial resources of the party seeking alimony, the time needed to acquire education or training, the standard of living during the marriage, the duration of the marriage, the age and health of both parties, and each party’s contribution to the other’s earning potential. Alimony may be temporary, rehabilitative, or permanent, depending on the circumstances.

The Divorce Process

A Delaware divorce typically follows these steps:

1. Filing. One spouse files a petition for divorce in Family Court.
2. Service. The petition is served on the other spouse.
3. Response. The respondent has 20 days to file an answer.
4. Financial disclosures. Both parties exchange financial information.
5. Mediation or negotiation. The parties attempt to resolve disputes regarding property, alimony, and custody.
6. Final hearing. The court enters a decree if the parties have reached an agreement or, if not, after a contested hearing.

Uncontested divorces in Delaware typically take two to four months. Contested cases may take one to two years, depending on the complexity of the financial and custody issues involved.

When to Consult an Attorney

Delaware’s no-fault framework simplifies the grounds for divorce, but equitable distribution of assets and alimony determinations still require careful legal analysis. If you are considering divorce in Delaware, schedule a free consultation with a family law attorney to understand how the law applies to your specific circumstances.

Frequently Asked Questions

How long does a divorce take in Delaware?

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce in Delaware can typically be finalized in a few months, while contested cases may take a year or longer depending on the complexity of the issues involved.

What are the residency requirements to file for divorce in Delaware?

Delaware requires that at least one spouse meet the state’s residency requirement before filing. Check Delaware’s specific residency period, as it varies from state to state and may also require residency in the county where you file.

Is Delaware a community property or equitable distribution state?

This determines how marital property is divided. Community property states split assets roughly 50/50, while equitable distribution states divide property based on what the court considers fair. The distinction significantly affects your financial outcome in a divorce.

Do I need a lawyer to get divorced in Delaware?

You are not legally required to hire a lawyer, but having legal representation is strongly recommended — especially when children, significant assets, or complex financial issues are involved. A Delaware family law attorney can protect your rights and help you avoid costly mistakes.

Can I get a divorce in Delaware if my spouse does not agree?

Yes. Delaware allows you to proceed with a divorce even if your spouse does not consent. If your spouse does not respond to the divorce petition, you may be able to obtain a default judgment. The process takes longer, but the court will not force you to remain married.