Divorce Laws in Delaware (DE)

Delaware is an equitable distribution state. This means courts divide marital property in a manner that is fair and equitable, but not necessarily equal. Judges consider factors including length of marriage, each spouse's earning capacity, contributions to marital assets, and the economic circumstances of each party.

The median uncontested divorce in Delaware costs approximately $9,000. Contested cases with significant property disputes average $38,000.

Delaware courts determine custody based on the best interest of the child standard. Courts consider the child’s relationship with each parent, each parent’s ability to provide a stable environment, the child’s adjustment to home and school, and any history of domestic violence or substance abuse.

Delaware uses the Melson Formula, a modified income shares model that first ensures each parent can meet their own basic needs (self-support reserve) before calculating the child support obligation.

Spousal support in Delaware is determined by considering the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, and each spouse’s contributions (including homemaking). Courts may award temporary, rehabilitative, durational, or permanent alimony depending on the circumstances.

Under Del. Code tit. 13 §1505, the court has broad discretion in setting the amount and duration of spousal support. Longer marriages (typically 15+ years) are more likely to result in longer-term or permanent alimony awards.