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We offer an online guided path through divorce that helps couples avoid unnecessary conflict and costs.
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delaware
Delaware Divorce FAQ: 50 Most Common Questions Answered
Divorce is complicated, and Delaware's laws can be confusing. Whether you're considering divorce or already in the process, you probably have questions. This comprehensive FAQ answers the 50 most common questions Delaware residents ask about divorce, organized by topic for easy navigation.
Disclaimer: This FAQ provides general information about Delaware divorce law but is not legal advice. Laws change, and every situation is unique. Consult with a qualified Delaware family law attorney about your specific circumstances.
Last Updated: February 2026
Still Have Questions?
This FAQ covers the most common questions, but every Delaware divorce is unique. If you need personalized guidance:
Free Resources:
Delaware State Bar Association
County court self-help centers
Delaware Legal Aid Services
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Legal Aid:
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Call your county's legal aid office
After Divorce
46. When is my divorce final in Delaware?
Your Delaware divorce is final when the judge signs the divorce decree and it's filed with the court. You'll receive a stamped copy of the final decree. This is usually several weeks after your final hearing. You're not legally divorced until you have this final Delaware decree.
47. What do I need to do after my Delaware divorce is final?
Get certified copies of decree, change name on driver's license and Social Security card, update estate planning documents and beneficiaries, divide retirement accounts via QDRO, transfer property titles as ordered in your Delaware decree, change health and other insurance, open separate bank accounts, and establish credit in your own name.
48. Can I appeal my Delaware divorce decree?
Yes, but appeals are difficult and expensive. You must file Notice of Appeal within 30 days of the final Delaware decree. Appeals typically only succeed if the judge made legal error in applying Delaware law, the decision was against manifest weight of evidence, or the judge abused discretion. Consult an appellate attorney.
49. What if my ex violates the Delaware divorce decree?
You can file a motion for contempt of court in Delaware. The court can enforce the decree through fines, makeup time, attorney fees paid by violating party, modification of custody/support, or jail time for repeated violations. Document all violations with dates and specifics.
50. Can we modify our Delaware divorce decree later?
Some provisions can be modified under Delaware law, others cannot. Child custody and support can be modified if substantial change in circumstances. Spousal support can be modified if decree says "modifiable." Property division and debt allocation are final once decree signed in Delaware. You must file a post-decree motion to modify.
Special Situations
41. What if my spouse is hiding assets in Delaware?
Delaware requires full financial disclosure under oath. If you suspect hidden assets, request formal discovery (interrogatories, document requests), subpoena financial records, hire a forensic accountant ($3,000-$15,000), and review unusual transfers or withdrawals. Delaware courts penalize spouses who hide assets severely.
42. How does domestic violence affect Delaware divorces?
Domestic violence significantly impacts custody and support decisions in Delaware. The court considers any history of abuse when determining custody, often creating a presumption against the abuser having custody. Protection orders can be requested during Delaware divorce proceedings for safety.
43. What if my spouse refuses to sign divorce papers in Delaware?
Your spouse cannot prevent divorce in Delaware. If they refuse to cooperate, have them served by sheriff or process server, request default judgment if they don't respond, or proceed with contested divorce if they respond but won't cooperate. Delaware is a no-fault state—you don't need spouse's permission to divorce.
44. Can I get an annulment instead of divorce in Delaware?
Delaware allows annulments in limited circumstances proving the marriage was never valid: bigamy, underage marriage without consent, mental incompetence, fraud, or force/duress. Annulment is much harder to obtain than divorce in Delaware and doesn't solve property/support issues differently.
45. What about military divorces in Delaware?
Military divorces in Delaware follow state law with federal protections. Servicemember's Civil Relief Act (SCRA) may delay proceedings if spouse is deployed. Military retirement benefits earned during marriage are divisible under Delaware law. Consider consulting an attorney experienced in military divorces in Delaware.
Legal Representation
36. Do I need a lawyer to get divorced in Delaware?
No, Delaware allows self-representation. However, consider an attorney if your spouse has one, you have significant assets or debts, you own a business, there are contested custody issues, there's domestic violence history, you suspect hidden assets, or your spouse is being unreasonable. Simple uncontested divorces often work well with online service assistance.
37. What is limited scope representation in Delaware?
Limited scope representation (unbundled services) means hiring a Delaware attorney for specific tasks only, rather than full representation. Examples include reviewing documents, consulting on strategy, appearing at one hearing, or drafting settlement agreements. This saves money while getting professional help on crucial issues.
38. How do I find a good divorce attorney in Delaware?
Contact the Delaware State Bar Association for referrals, ask friends/family for recommendations, check attorney websites for family law experience, read online reviews (with caution), and schedule consultations with 2-3 attorneys before choosing. Ask about fees, experience with your issues, and communication style.
39. Can I change attorneys during my divorce in Delaware?
Yes. You have the right to change attorneys in Delaware at any time. You'll need to notify your current attorney in writing, file a notice of substitution of counsel with the court, and potentially pay your former attorney for work already completed. Changing attorneys mid-case can cause delays and increase costs.
40. What should I bring to my first attorney consultation in Delaware?
Bring marriage certificate, prenuptial agreement (if any), list of all assets and debts, recent pay stubs and tax returns, information about children, any existing court orders, timeline of marriage events, and questions you want answered. Being organized makes the consultation more productive.
Spousal Support
31. How does Delaware determine spousal support (alimony)?
Delaware courts consider multiple factors including income and earning ability of each spouse, age and health, duration of marriage, standard of living during marriage, education and employability, contributions as homemaker, and other relevant circumstances. Not all divorces result in spousal support—it depends on the specific situation.
32. How long does spousal support last in Delaware?
Duration depends on circumstances in Delaware. Short marriages (under 5 years) rarely result in long-term support. Longer marriages may result in support for several years or indefinitely. Common types include rehabilitative support (temporary while recipient gets training), transitional support (adjustment period), and permanent support (rare, usually very long marriages).
33. Can spousal support be modified in Delaware?
Delaware typically allows modification of spousal support if there's been a substantial change in circumstances like job loss, retirement, remarriage, cohabitation, or significant income change. Check if your Delaware decree states support is "modifiable" or "non-modifiable"—non-modifiable support cannot be changed except by mutual agreement.
34. Does spousal support end if my ex remarries in Delaware?
Typically, yes—unless your Delaware decree specifically states otherwise. Most spousal support orders automatically terminate when the recipient remarries. However, orders don't always terminate for cohabitation—check your specific decree language and Delaware law.
35. Are spousal support payments tax deductible in Delaware?
No, not for divorces finalized after December 31, 2018. This is federal tax law affecting all states including Delaware. For divorces finalized before January 1, 2019, spousal support is tax deductible for the payer and taxable income for the recipient.
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Upfront pricing at a fraction of the cost of traditional divorce
Divorce doesn’t have to cost as much as a car.
Child Support
26. How is child support calculated in Delaware?
Delaware uses guidelines considering both parents' incomes, number of children, health insurance costs, childcare expenses, and parenting time allocation. Delaware provides a child support calculator (often available online) to estimate payments, but courts can deviate from guidelines if circumstances warrant.
27. Does child support end at age 18 in Delaware?
Child support obligations in Delaware typically continue until the child turns 18 and graduates from high school, whichever comes later. Support may extend longer if the child is disabled or still in high school past age 18 (usually not past age 19). Check Delaware's specific age of majority and emancipation rules.
28. Can child support be modified in Delaware?
Yes, if there's been a substantial change in circumstances since the last order. Examples include significant income changes for either parent, changes in parenting time, changes in health insurance or childcare costs, or the child's needs have changed. You must file a motion to modify in Delaware court and demonstrate the change justifies modification.
29. What if my ex doesn't pay child support in Delaware?
Delaware's child support enforcement agency can help collect unpaid support through income withholding, tax refund interception, license suspension, contempt of court proceedings, credit bureau reporting, and other enforcement mechanisms. You can also file your own contempt motion in Delaware court.
30. Do I still pay child support with 50/50 custody in Delaware?
Maybe. Even with equal parenting time in Delaware, the parent with higher income typically pays some child support because calculations consider both income disparity and parenting time. However, with true 50/50 time-sharing and similar incomes, support payments may be minimal or neither parent pays.
Child Custody
21. How does Delaware determine child custody?
Delaware courts use the "best interests of the child" standard. Factors considered include parents' wishes, child's wishes (if mature enough), child's relationships with parents and siblings, adjustment to home and school, mental and physical health of all parties, ability to provide stable environment, and any history of abuse or domestic violence.
22. What's the difference between legal custody and physical custody in Delaware?
Legal custody is the right to make major decisions about the child's education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives. Delaware courts consider both types of custody and may award sole or joint custody of each type depending on the child's best interests.
23. Does Delaware favor mothers in custody cases?
No. Delaware law does not favor either parent based on gender. Courts make custody decisions based solely on the child's best interests. Fathers have equal rights to custody as mothers in Delaware. The key factors are each parent's ability to care for the child and willingness to facilitate a relationship with the other parent.
24. At what age can a child choose which parent to live with in Delaware?
Delaware law typically doesn't specify an exact age when a child can choose. However, judges generally give more weight to a child's preference around age 12 and older. The judge may interview the child to understand their wishes, but the child's preference is just one factor—it doesn't override the best interests analysis in Delaware.
25. Can I move out of state with my children after divorce?
Relocation with children after divorce is regulated by Delaware law. Most states require advance written notice to the other parent (often 60 days) before relocating a significant distance. The other parent can object, and the court will hold a hearing to determine if the move is in the child's best interest. Check Delaware's specific relocation statutes before planning any move.
Property Division
16. How is property divided in Delaware divorces?
Delaware is a equitable distribution state. In equitable distribution states, property is divided fairly—not necessarily equally—based on various factors including marriage length, each spouse's contributions, earning capacity, and other circumstances.
17. What is considered marital property in Delaware?
Marital property in Delaware includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. This includes homes, cars, bank accounts, retirement accounts, businesses, investments, and debts. The source of funds and how property was acquired matters in equitable distribution.
18. What is separate property in Delaware?
Separate property is not divided in divorce and typically includes:
Assets owned before marriage
Inheritances received by one spouse (even during marriage)
Gifts given specifically to one spouse
Personal injury settlements (pain and suffering portion)
Property acquired after legal separation
However, separate property can become marital in Delaware if commingled with marital funds or if the other spouse contributed to its increase in value.
19. Do I get to keep my inheritance in Delaware?
Generally, yes—inheritances are separate property in Delaware. However, if you deposited your inheritance into a joint bank account, used it to buy marital property, or your spouse helped maintain or improve inherited property, some or all of it may become marital property subject to division under Delaware law.
20. How are retirement accounts divided in Delaware?
Retirement accounts earned during marriage are marital property subject to division in Delaware. This includes 401(k)s, IRAs, pensions, and other retirement benefits. Division requires a Qualified Domestic Relations Order (QDRO) prepared by an attorney ($500-$2,500) to avoid taxes and penalties. The QDRO directs the plan administrator to split the account according to your Delaware divorce decree.
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We've helped with
over 1 million divorces
We provide everything you need to get divorced — from conflict resolution to filing support and access to divorce experts — in one comprehensive, convenient online platform.
The team at divorce.com was responsive and helpful during a difficult process. I would highly recommend the site for uncomplicated, amicable divorces!!
Jen B.
I came across this online. So I checked on it. It was easy and affordable. I wish I would have found this years ago.
Brandy D.
I was able to read it easily. Thanks God for this service. I will recommend it to anyone who asks this is a very easy step to do. I love it please try it you won't be disappointed
Dianna R.
Great customer service. Questions were easy to answer and had descriptions to understand the questions.
Andelain R.
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Process & Timeline
11. How long does a divorce take in Delaware?
Delaware has a mandatory waiting period of None for no-fault after filing. Uncontested divorces typically take 2-4 months from filing to final decree. Contested divorces take 6-18 months depending on complexity. High-conflict cases requiring trial can take 18-24 months or longer.
12. What are the basic steps in a Delaware divorce?
File divorce petition with Family Court
Serve spouse with divorce papers
Spouse files response (or waives service if uncontested)
Exchange financial information
Negotiate settlement or proceed to discovery
Attend mediation if required by court
Reach settlement or go to trial
Judge signs final divorce decree
13. Can we speed up the divorce process in Delaware?
Yes. The fastest divorces happen when both spouses agree on all terms before filing, all paperwork is completed correctly the first time, financial disclosure is complete and accurate, and neither spouse contests anything. However, Delaware's None for no-fault waiting period cannot be waived.
14. What is an uncontested divorce in Delaware?
An uncontested divorce means both spouses agree on all major issues: property division, debt allocation, spousal support (if any), and if you have children, custody and child support. Uncontested divorces in Delaware are faster, cheaper, and less stressful than contested divorces.
15. What happens if my spouse doesn't respond to the divorce papers?
If your spouse doesn't file a response within the required timeframe in Delaware, you can request a default judgment. The Delaware court will typically grant your divorce with the terms you requested in your petition. Your spouse loses the right to contest the divorce terms.
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
Our Services
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Complete divorce support including mediation sessions, dedicated case management, court filing, and personalized documentation.
Our Services
Paperwork Only
Basic access to divorce paperwork where you handle the rigorous filing process with the court.
POPULAR
We File For You
Our most popular package includes a dedicated case manager, automated court filing, spouse signature collection, and personalized documentation.
Fully Guided
Complete divorce support including mediation sessions, dedicated case management, court filing, and personalized documentation.
Costs & Fees
6. How much does it cost to file for divorce in Delaware?
Filing fees in Delaware typically range from $150-$200 depending on your county. You'll also need to pay for service of process ($40-$150) and potentially other court costs during your case.
7. What's the total cost of divorce in Delaware?
Total costs depend on whether your divorce is contested:
Online service (uncontested): $1,000-$1,500 including filing fees
Attorney (uncontested): $2,000-$6,000
Attorney (contested): $10,000-$50,000+
The biggest factor affecting cost is whether you can reach agreements without going to trial.
8. Can I get my filing fees waived in Delaware?
Yes, if you cannot afford the filing fees. You must demonstrate financial hardship, typically by showing your income is at or below 125% of federal poverty guidelines or that you receive means-tested public assistance like SNAP, TANF, Medicaid, or SSI. If approved, the Delaware court waives filing fees and service costs.
9. Who pays attorney fees in a Delaware divorce?
Generally, each spouse pays their own attorney fees. However, Delaware courts can order one spouse to pay the other's attorney fees if there's a significant income disparity and the requesting spouse demonstrates financial need and inability to pay.
10. What if I can't afford a divorce attorney in Delaware?
Options include:
Apply for a filing fee waiver
Contact Delaware Legal Aid for free representation (income limits apply)
Use an affordable online divorce service ($500-$2,000)
Hire an attorney for limited scope representation
Represent yourself (pro se) with help from court self-help centers
Filing & Residency
1. How long do I have to live in Delaware before filing for divorce?
You or your spouse must have lived in Delaware for 6 months immediately before filing. This is a strict requirement—filing before you meet this residency requirement will result in your case being dismissed.
2. Which county should I file in?
You must file in the county where either you or your spouse has met the local residency requirement. If you both live in Delaware but in different counties, you can typically choose either county. Most people file in the county where they currently live for convenience. Check with your local Family Court for specific filing requirements.
3. Can I file for divorce in Delaware if my spouse lives in another state?
Yes. As long as you meet Delaware's residency requirement (6 months), you can file for divorce in Delaware even if your spouse lives in another state. You'll need to properly serve your spouse according to Delaware's rules for out-of-state service.
4. What grounds for divorce does Delaware recognize?
Delaware allows no-fault divorce, meaning you don't need to prove wrongdoing to end your marriage. The state also recognizes fault-based grounds, though most divorces proceed on no-fault grounds as they're simpler and faster. Contact a Delaware attorney for specific grounds available.
5. Do we have to be separated before filing for divorce in Delaware?
No. Delaware does not require separation before filing for divorce based on no-fault grounds. Check Delaware's specific requirements as they affect your timeline.
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Real Answers. Real Support.
We're here to guide you through every step of divorce — whether you're just starting to explore your options or ready to take the next step. Our blog offers expert insights, practical tips, and real-life stories to help you move forward with clarity and confidence.
"The Most Trusted
Name in Online Divorce"
Exclusive
Online Divorce Partner
Best
Online Divorce Service
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We offer a guided path through divorce that helps avoid unnecessary conflict and costs.
Written By:
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Delaware Divorce FAQ: 50 Most Common Questions Answered
Divorce is complicated, and Delaware's laws can be confusing. Whether you're considering divorce or already in the process, you probably have questions. This comprehensive FAQ answers the 50 most common questions Delaware residents ask about divorce, organized by topic for easy navigation.
Filing & Residency
1. How long do I have to live in Delaware before filing for divorce?
You or your spouse must have lived in Delaware for 6 months immediately before filing. This is a strict requirement—filing before you meet this residency requirement will result in your case being dismissed.
2. Which county should I file in?
You must file in the county where either you or your spouse has met the local residency requirement. If you both live in Delaware but in different counties, you can typically choose either county. Most people file in the county where they currently live for convenience. Check with your local Family Court for specific filing requirements.
3. Can I file for divorce in Delaware if my spouse lives in another state?
Yes. As long as you meet Delaware's residency requirement (6 months), you can file for divorce in Delaware even if your spouse lives in another state. You'll need to properly serve your spouse according to Delaware's rules for out-of-state service.
4. What grounds for divorce does Delaware recognize?
Delaware allows no-fault divorce, meaning you don't need to prove wrongdoing to end your marriage. The state also recognizes fault-based grounds, though most divorces proceed on no-fault grounds as they're simpler and faster. Contact a Delaware attorney for specific grounds available.
5. Do we have to be separated before filing for divorce in Delaware?
No. Delaware does not require separation before filing for divorce based on no-fault grounds. Check Delaware's specific requirements as they affect your timeline.
Costs & Fees
6. How much does it cost to file for divorce in Delaware?
Filing fees in Delaware typically range from $150-$200 depending on your county. You'll also need to pay for service of process ($40-$150) and potentially other court costs during your case.
7. What's the total cost of divorce in Delaware?
Total costs depend on whether your divorce is contested:
Online service (uncontested): $1,000-$1,500 including filing fees
Attorney (uncontested): $2,000-$6,000
Attorney (contested): $10,000-$50,000+
The biggest factor affecting cost is whether you can reach agreements without going to trial.
8. Can I get my filing fees waived in Delaware?
Yes, if you cannot afford the filing fees. You must demonstrate financial hardship, typically by showing your income is at or below 125% of federal poverty guidelines or that you receive means-tested public assistance like SNAP, TANF, Medicaid, or SSI. If approved, the Delaware court waives filing fees and service costs.
9. Who pays attorney fees in a Delaware divorce?
Generally, each spouse pays their own attorney fees. However, Delaware courts can order one spouse to pay the other's attorney fees if there's a significant income disparity and the requesting spouse demonstrates financial need and inability to pay.
10. What if I can't afford a divorce attorney in Delaware?
Options include:
Apply for a filing fee waiver
Contact Delaware Legal Aid for free representation (income limits apply)
Use an affordable online divorce service ($500-$2,000)
Hire an attorney for limited scope representation
Represent yourself (pro se) with help from court self-help centers
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
Process & Timeline
11. How long does a divorce take in Delaware?
Delaware has a mandatory waiting period of None for no-fault after filing. Uncontested divorces typically take 2-4 months from filing to final decree. Contested divorces take 6-18 months depending on complexity. High-conflict cases requiring trial can take 18-24 months or longer.
12. What are the basic steps in a Delaware divorce?
File divorce petition with Family Court
Serve spouse with divorce papers
Spouse files response (or waives service if uncontested)
Exchange financial information
Negotiate settlement or proceed to discovery
Attend mediation if required by court
Reach settlement or go to trial
Judge signs final divorce decree
13. Can we speed up the divorce process in Delaware?
Yes. The fastest divorces happen when both spouses agree on all terms before filing, all paperwork is completed correctly the first time, financial disclosure is complete and accurate, and neither spouse contests anything. However, Delaware's None for no-fault waiting period cannot be waived.
14. What is an uncontested divorce in Delaware?
An uncontested divorce means both spouses agree on all major issues: property division, debt allocation, spousal support (if any), and if you have children, custody and child support. Uncontested divorces in Delaware are faster, cheaper, and less stressful than contested divorces.
15. What happens if my spouse doesn't respond to the divorce papers?
If your spouse doesn't file a response within the required timeframe in Delaware, you can request a default judgment. The Delaware court will typically grant your divorce with the terms you requested in your petition. Your spouse loses the right to contest the divorce terms.
Property Division
16. How is property divided in Delaware divorces?
Delaware is a equitable distribution state. In equitable distribution states, property is divided fairly—not necessarily equally—based on various factors including marriage length, each spouse's contributions, earning capacity, and other circumstances.
17. What is considered marital property in Delaware?
Marital property in Delaware includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. This includes homes, cars, bank accounts, retirement accounts, businesses, investments, and debts. The source of funds and how property was acquired matters in equitable distribution.
18. What is separate property in Delaware?
Separate property is not divided in divorce and typically includes:
Assets owned before marriage
Inheritances received by one spouse (even during marriage)
Gifts given specifically to one spouse
Personal injury settlements (pain and suffering portion)
Property acquired after legal separation
However, separate property can become marital in Delaware if commingled with marital funds or if the other spouse contributed to its increase in value.
19. Do I get to keep my inheritance in Delaware?
Generally, yes—inheritances are separate property in Delaware. However, if you deposited your inheritance into a joint bank account, used it to buy marital property, or your spouse helped maintain or improve inherited property, some or all of it may become marital property subject to division under Delaware law.
20. How are retirement accounts divided in Delaware?
Retirement accounts earned during marriage are marital property subject to division in Delaware. This includes 401(k)s, IRAs, pensions, and other retirement benefits. Division requires a Qualified Domestic Relations Order (QDRO) prepared by an attorney ($500-$2,500) to avoid taxes and penalties. The QDRO directs the plan administrator to split the account according to your Delaware divorce decree.
Child Custody
21. How does Delaware determine child custody?
Delaware courts use the "best interests of the child" standard. Factors considered include parents' wishes, child's wishes (if mature enough), child's relationships with parents and siblings, adjustment to home and school, mental and physical health of all parties, ability to provide stable environment, and any history of abuse or domestic violence.
22. What's the difference between legal custody and physical custody in Delaware?
Legal custody is the right to make major decisions about the child's education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives. Delaware courts consider both types of custody and may award sole or joint custody of each type depending on the child's best interests.
23. Does Delaware favor mothers in custody cases?
No. Delaware law does not favor either parent based on gender. Courts make custody decisions based solely on the child's best interests. Fathers have equal rights to custody as mothers in Delaware. The key factors are each parent's ability to care for the child and willingness to facilitate a relationship with the other parent.
24. At what age can a child choose which parent to live with in Delaware?
Delaware law typically doesn't specify an exact age when a child can choose. However, judges generally give more weight to a child's preference around age 12 and older. The judge may interview the child to understand their wishes, but the child's preference is just one factor—it doesn't override the best interests analysis in Delaware.
25. Can I move out of state with my children after divorce?
Relocation with children after divorce is regulated by Delaware law. Most states require advance written notice to the other parent (often 60 days) before relocating a significant distance. The other parent can object, and the court will hold a hearing to determine if the move is in the child's best interest. Check Delaware's specific relocation statutes before planning any move.
Upfront pricing at a fraction of the cost of traditional divorce
Divorce doesn’t have to cost as much as a car.
Child Support
26. How is child support calculated in Delaware?
Delaware uses guidelines considering both parents' incomes, number of children, health insurance costs, childcare expenses, and parenting time allocation. Delaware provides a child support calculator (often available online) to estimate payments, but courts can deviate from guidelines if circumstances warrant.
27. Does child support end at age 18 in Delaware?
Child support obligations in Delaware typically continue until the child turns 18 and graduates from high school, whichever comes later. Support may extend longer if the child is disabled or still in high school past age 18 (usually not past age 19). Check Delaware's specific age of majority and emancipation rules.
28. Can child support be modified in Delaware?
Yes, if there's been a substantial change in circumstances since the last order. Examples include significant income changes for either parent, changes in parenting time, changes in health insurance or childcare costs, or the child's needs have changed. You must file a motion to modify in Delaware court and demonstrate the change justifies modification.
29. What if my ex doesn't pay child support in Delaware?
Delaware's child support enforcement agency can help collect unpaid support through income withholding, tax refund interception, license suspension, contempt of court proceedings, credit bureau reporting, and other enforcement mechanisms. You can also file your own contempt motion in Delaware court.
30. Do I still pay child support with 50/50 custody in Delaware?
Maybe. Even with equal parenting time in Delaware, the parent with higher income typically pays some child support because calculations consider both income disparity and parenting time. However, with true 50/50 time-sharing and similar incomes, support payments may be minimal or neither parent pays.
Spousal Support
31. How does Delaware determine spousal support (alimony)?
Delaware courts consider multiple factors including income and earning ability of each spouse, age and health, duration of marriage, standard of living during marriage, education and employability, contributions as homemaker, and other relevant circumstances. Not all divorces result in spousal support—it depends on the specific situation.
32. How long does spousal support last in Delaware?
Duration depends on circumstances in Delaware. Short marriages (under 5 years) rarely result in long-term support. Longer marriages may result in support for several years or indefinitely. Common types include rehabilitative support (temporary while recipient gets training), transitional support (adjustment period), and permanent support (rare, usually very long marriages).
33. Can spousal support be modified in Delaware?
Delaware typically allows modification of spousal support if there's been a substantial change in circumstances like job loss, retirement, remarriage, cohabitation, or significant income change. Check if your Delaware decree states support is "modifiable" or "non-modifiable"—non-modifiable support cannot be changed except by mutual agreement.
34. Does spousal support end if my ex remarries in Delaware?
Typically, yes—unless your Delaware decree specifically states otherwise. Most spousal support orders automatically terminate when the recipient remarries. However, orders don't always terminate for cohabitation—check your specific decree language and Delaware law.
35. Are spousal support payments tax deductible in Delaware?
No, not for divorces finalized after December 31, 2018. This is federal tax law affecting all states including Delaware. For divorces finalized before January 1, 2019, spousal support is tax deductible for the payer and taxable income for the recipient.
Legal Representation
36. Do I need a lawyer to get divorced in Delaware?
No, Delaware allows self-representation. However, consider an attorney if your spouse has one, you have significant assets or debts, you own a business, there are contested custody issues, there's domestic violence history, you suspect hidden assets, or your spouse is being unreasonable. Simple uncontested divorces often work well with online service assistance.
37. What is limited scope representation in Delaware?
Limited scope representation (unbundled services) means hiring a Delaware attorney for specific tasks only, rather than full representation. Examples include reviewing documents, consulting on strategy, appearing at one hearing, or drafting settlement agreements. This saves money while getting professional help on crucial issues.
38. How do I find a good divorce attorney in Delaware?
Contact the Delaware State Bar Association for referrals, ask friends/family for recommendations, check attorney websites for family law experience, read online reviews (with caution), and schedule consultations with 2-3 attorneys before choosing. Ask about fees, experience with your issues, and communication style.
39. Can I change attorneys during my divorce in Delaware?
Yes. You have the right to change attorneys in Delaware at any time. You'll need to notify your current attorney in writing, file a notice of substitution of counsel with the court, and potentially pay your former attorney for work already completed. Changing attorneys mid-case can cause delays and increase costs.
40. What should I bring to my first attorney consultation in Delaware?
Bring marriage certificate, prenuptial agreement (if any), list of all assets and debts, recent pay stubs and tax returns, information about children, any existing court orders, timeline of marriage events, and questions you want answered. Being organized makes the consultation more productive.
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41. What if my spouse is hiding assets in Delaware?
Delaware requires full financial disclosure under oath. If you suspect hidden assets, request formal discovery (interrogatories, document requests), subpoena financial records, hire a forensic accountant ($3,000-$15,000), and review unusual transfers or withdrawals. Delaware courts penalize spouses who hide assets severely.
42. How does domestic violence affect Delaware divorces?
Domestic violence significantly impacts custody and support decisions in Delaware. The court considers any history of abuse when determining custody, often creating a presumption against the abuser having custody. Protection orders can be requested during Delaware divorce proceedings for safety.
43. What if my spouse refuses to sign divorce papers in Delaware?
Your spouse cannot prevent divorce in Delaware. If they refuse to cooperate, have them served by sheriff or process server, request default judgment if they don't respond, or proceed with contested divorce if they respond but won't cooperate. Delaware is a no-fault state—you don't need spouse's permission to divorce.
44. Can I get an annulment instead of divorce in Delaware?
Delaware allows annulments in limited circumstances proving the marriage was never valid: bigamy, underage marriage without consent, mental incompetence, fraud, or force/duress. Annulment is much harder to obtain than divorce in Delaware and doesn't solve property/support issues differently.
45. What about military divorces in Delaware?
Military divorces in Delaware follow state law with federal protections. Servicemember's Civil Relief Act (SCRA) may delay proceedings if spouse is deployed. Military retirement benefits earned during marriage are divisible under Delaware law. Consider consulting an attorney experienced in military divorces in Delaware.
After Divorce
46. When is my divorce final in Delaware?
Your Delaware divorce is final when the judge signs the divorce decree and it's filed with the court. You'll receive a stamped copy of the final decree. This is usually several weeks after your final hearing. You're not legally divorced until you have this final Delaware decree.
47. What do I need to do after my Delaware divorce is final?
Get certified copies of decree, change name on driver's license and Social Security card, update estate planning documents and beneficiaries, divide retirement accounts via QDRO, transfer property titles as ordered in your Delaware decree, change health and other insurance, open separate bank accounts, and establish credit in your own name.
48. Can I appeal my Delaware divorce decree?
Yes, but appeals are difficult and expensive. You must file Notice of Appeal within 30 days of the final Delaware decree. Appeals typically only succeed if the judge made legal error in applying Delaware law, the decision was against manifest weight of evidence, or the judge abused discretion. Consult an appellate attorney.
49. What if my ex violates the Delaware divorce decree?
You can file a motion for contempt of court in Delaware. The court can enforce the decree through fines, makeup time, attorney fees paid by violating party, modification of custody/support, or jail time for repeated violations. Document all violations with dates and specifics.
50. Can we modify our Delaware divorce decree later?
Some provisions can be modified under Delaware law, others cannot. Child custody and support can be modified if substantial change in circumstances. Spousal support can be modified if decree says "modifiable." Property division and debt allocation are final once decree signed in Delaware. You must file a post-decree motion to modify.
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Still Have Questions?
This FAQ covers the most common questions, but every Delaware divorce is unique. If you need personalized guidance:
Free Resources:
Delaware State Bar Association
County court self-help centers
Delaware Legal Aid Services
Affordable Online Divorce:
Uncontested cases: $999-$1,999
Includes Delaware-specific forms, filing, support
Legal Aid:
Free for qualifying low-income Delaware residents
Call your county's legal aid office
Disclaimer: This FAQ provides general information about Delaware divorce law but is not legal advice. Laws change, and every situation is unique. Consult with a qualified Delaware family law attorney about your specific circumstances.
Last Updated: February 2026
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