Divorce in Delaware: Laws, Requirements, and Process
A complete guide to getting a divorce in Delaware. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 6 months in the state.
- Waiting period: No mandatory waiting period after filing (but must have been separated or living apart).
- Filing fee: $150 - $200.
Grounds for Divorce
Delaware allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Delaware is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
6 months in the state.
Property Division
Delaware is an equitable distribution state. Delaware follows equitable distribution. Courts divide marital property fairly based on factors such as the length of the marriage, each party's age and health, the financial circumstances of each spouse, and whether property was acquired before or during the marriage.
Alimony / Spousal Support
Delaware courts may award alimony considering the financial needs of the requesting spouse, the ability of the other spouse to pay, the standard of living during the marriage, the length of the marriage, and each party's age, physical and emotional condition, and earning capacity.
Child Custody
Delaware courts determine custody based on the best interest of the child. Factors include the wishes of the child and parents, the interaction and interrelationship of the child with parents and siblings, the child's adjustment to home and school, and the mental and physical health of all parties.
Child Support
Delaware uses the Melson Formula, a more complex variation of the income shares model. It first ensures each parent can meet their own basic needs, then calculates child support based on remaining income.
Filing Fee
The filing fee for divorce in Delaware is $150 - $200. Fee waivers may be available for those who cannot afford to pay.
Delaware court divorce resources
Related Resources
Frequently Asked Questions
-
What are the grounds for divorce in Delaware?
Delaware is effectively a no-fault divorce state. The ground for divorce is irretrievable breakdown of the marriage, evidenced by the spouses voluntarily living separate and apart without reconciliation, incompatibility, or a respondent's misconduct causing the breakdown.
-
How long do you have to live in Delaware to file for divorce?
At least one spouse must have been a bona fide resident of Delaware for at least 6 months prior to filing the petition for divorce.
-
How is property divided in a Delaware divorce?
Delaware follows equitable distribution. Courts divide marital property fairly, considering each spouse's contributions, the duration of the marriage, the economic circumstances of each party, and other relevant factors.
-
How long does a divorce take in Delaware?
Delaware has no mandatory post-filing waiting period, but the spouses generally must demonstrate the marriage is irretrievably broken. Uncontested divorces can be finalized in approximately 2 to 3 months. Contested cases may take longer.