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Property Division Laws in Delaware

Learn how marital assets are divided in Delaware — community property or equitable distribution. Delaware follows equitable distribution.

Property Type

Equitable

Filing Fee

$165

Median Cost

$9,000–$38,000

Annual Divorces

3,500+

Understanding Property Division in Delaware

Delaware is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in Delaware is approximately $9,000. Contested divorces involving significant financial disputes average $38,000. These figures include attorney fees, filing fees ($165), and related costs.

Under Del. Code tit. 13 §1505, Delaware courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

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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.

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Related Resources

This page provides general information about property division 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.