Uncouple

Process

How to File for Divorce in Delaware

Step-by-step guide to filing for divorce in Delaware. Requirements, costs, and timelines. Delaware follows equitable distribution.

Property Type

Equitable

Filing Fee

$165

Median Cost

$9,000–$38,000

Annual Divorces

3,500+

Understanding How to File for Divorce in Delaware

To file for divorce in Delaware, you must meet Delaware’s residency requirement of 6 months. The filing fee is $165. There is no mandatory waiting period, which can expedite uncontested cases.

Delaware allows both no-fault and fault-based divorce. Fault grounds include: Misconduct, Separation. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in Delaware typically costs $9,000 and takes 2–4 months. Contested cases average $38,000 and can take 12–18 months or longer. The governing statute is Del. Code tit. 13 §1505.

Common Questions

How long do you have to live in Delaware to file for divorce?
Delaware requires 6 months of residency before you can file for divorce. Del. Code tit. 13 §1505 governs the filing requirements.
Is Delaware a community property or equitable distribution state?
Delaware follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Delaware?
Filing fees in Delaware range from $165. The median total cost is approximately $9,000 for uncontested divorces and $38,000 for contested cases.
How long does a divorce take in Delaware?
Delaware has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Delaware?
Delaware uses the Melson Formula, a modified income shares model with a self-support reserve. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

Get Clarity on Your Situation

Upload your letter or calculate your costs. Analyzed against Delaware’s actual statutes — in 90 seconds.

Get Clarity Now Already have a lawyer? Audit your bill →

Related Resources

This page provides general information about how to file for divorce in Delaware and is not legal advice. Verify current statutes with Del. Code tit. 13 §1505 or consult a licensed Delaware attorney. Last reviewed March 2026.