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Written By:
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I Want a Divorce in Delaware. Here's What to Do Next.
If you've decided you want a divorce in Delaware, the hardest part isn't the paperwork. It's knowing what to do, in what order, and who you actually need help from.
Here's what most people don't realize: more than 90% of divorces in the U.S. are resolved without a trial, and most don't require each spouse to hire a lawyer. The image of divorce as a long, expensive courtroom battle is real — but it's the worst-case scenario, not how the typical American divorce actually unfolds.
In Delaware specifically: you'll need 6 months of residency to file. The state allows both no-fault grounds (irreconcilable differences) and certain fault grounds (such as adultery, cruelty, or abandonment, depending on state law), and divides marital property as an equitable distribution state. That means marital property — assets acquired during the marriage — is divided fairly between spouses, which is not necessarily equally. Courts weigh factors like each spouse's income, length of the marriage, contributions (including non-financial ones like homemaking and child-rearing), and the circumstances of each party. Separate property (assets owned before the marriage, or received as a gift or inheritance) is generally protected. Delaware also has a separation requirement: 6 months separation OR mutual consent (no-fault). We cover what that means below. If you and your spouse can agree on the major issues — how to split property, what custody looks like if you have children, and whether either of you needs ongoing support — you can file an uncontested divorce and finalize in 2–4 months for uncontested, often without ever setting foot in a courtroom.
This guide walks you through your first 5 steps, the three paths a Delaware divorce can take, and how to figure out which path fits your situation.
Delaware Divorce at a Glance
Residency required: 6 months
Waiting period: 30 days after service for response
Grounds: irreconcilable differences (no-fault) plus fault grounds available
Property division: equitable distribution
Court: Family Court
Filing fee: $165 (varies by county)
Typical uncontested timeline: 2–4 months for uncontested
RETAINER FEE
PETITION
COURT FILING FEE
SUMMONS
AFFIDAVIT
MOTIONS
ARGUMENTS
TEMPORARY ORDERS
HEARINGS
SUBPOENAS
DEPOSITIONS
SETTLEMENT
CONFERENCES
JUDGEMENT
TRIAL
APPEALS
Your First 5 Steps When You Want a Divorce in Delaware
These are the actions that actually move things forward — in the right order.
Step 1: Get clear on the outcome you want
Divorce isn't one decision; it's dozens. Before you take any legal step, spend time thinking about what you actually need on the other side of this: where you'll live, how you'll handle custody if you have children, what a fair division of assets looks like to you, and whether ongoing financial support is on the table.
You don't need every answer right now. You just need to have thought about them. Every conversation that follows — with your spouse, with an attorney, with a mediator, with your kids — gets more productive when you've spent time getting clear on your own priorities first.
Common mistake: trying to start the legal process before knowing what outcome you actually want. That leads to reactive decisions you regret.
Step 2: Understand your financial picture
Start gathering financial documents now, before the legal process begins. This includes:
Last 2–3 years of federal and state tax returns
Recent statements for every bank account, investment account, and retirement account (yours, your spouse's, and joint)
Mortgage balance, auto loan balances, credit card statements
Recent pay stubs for both spouses
Records of significant assets (property, vehicles, businesses) and significant debts
Any pre-nuptial or post-nuptial agreements
In an uncontested Delaware divorce, having this organized speeds everything up. In a contested one, it becomes critical — and getting it later, once your spouse knows divorce is coming, can be much harder. Make copies and store them somewhere only you can access (a personal email, a friend's house, a safe deposit box).
Step 3: Tell your spouse
If your spouse doesn't know yet, this conversation needs to happen before any legal step. There's a right way and a wrong way to have it: pick a calm time, do it in person if safely possible, don't have it in front of children, and don't have it during an argument. See our guide to How to Ask for a Divorce for what to say.
There are situations where telling your spouse first isn't safe — if there's a history of abuse or threats, talk to a Delaware family law attorney or a domestic-violence resource before taking any other step.
Step 4: Choose how you want to handle the process
There are three main paths through a Delaware divorce: uncontested (you and your spouse agree on the major issues, file together, no courtroom), mediation (a neutral third party helps you reach agreement), and contested litigation (lawyers and a judge resolve disputes you can't). The path you pick drives cost, timeline, and emotional toll more than almost anything else. We cover each below.
Step 5: File (or have someone file for you)
Once you've chosen your path, the legal process officially begins when you file a Petition for Divorce with the Family Court in your county. Depending on your path, you'll file it yourself, work with an online divorce service like Divorce.com that prepares and files the paperwork for you, or work through an attorney.
Upfront pricing at a fraction of the cost of traditional divorce
Divorce doesn’t have to cost as much as a car.
The Three Ways to Get Divorced in Delaware
Not every divorce looks the same. The right path depends on how aligned you and your spouse are, how complex your finances are, and whether children are involved. In order from most common to least common in the U.S.:
1. Uncontested / Online Divorce — the path most Delaware divorces take
An uncontested divorce means both spouses agree on every major issue: how to divide property, whether either of you will pay or receive spousal support, and — if you have children — custody and child support arrangements.
When you agree, the process is dramatically simpler. You file a Petition for Divorce together (or one of you files and the other doesn't contest it), submit the required paperwork to the Family Court, and the court enters a judgment that finalizes the divorce.
Best for: Couples who can communicate, have relatively straightforward assets, and are both ready to move on.
Cost: Typically $200–$1,500 all-in, including Delaware filing fees of $165.
Timeline: 2–4 months for uncontested.
Watch out for: Agreeing too quickly on terms you'll regret. "Uncontested" doesn't mean "rushed" — take the time to make sure the agreement is genuinely fair to both of you.
2. Mediation — the middle path
A trained, neutral mediator helps you and your spouse reach agreement on the issues you don't yet see eye-to-eye on. The mediator doesn't make decisions; they facilitate the conversation and help you find solutions both of you can live with. Once you've reached agreement, you file the resulting settlement with the Family Court as an uncontested divorce.
Best for: Couples who disagree on some things — maybe how to split the house, or what a fair parenting schedule looks like — but are both acting in good faith and want to stay out of court.
Cost: Typically $1,500–$5,000 for the mediation, plus the $165 filing fee. Some couples also have attorneys review the final agreement (add $500–$2,000 per spouse).
Timeline: 2–6 months from start to finalized agreement, then the standard uncontested filing timeline.
Watch out for: A "mediator" who isn't actually trained or credentialed. Look for someone certified through your state mediation council or a recognized program.
3. Contested Divorce (Litigation) — the courtroom path
When spouses can't agree on major issues and negotiate through attorneys (or in front of a judge), the divorce is contested. A judge ultimately decides property division, custody, and support if you and your spouse can't.
Best for: Situations involving serious disagreements that can't be resolved through negotiation — or cases involving domestic violence, hidden assets, substance abuse, or severe conflict over the children.
Cost: Routinely $15,000–$30,000+ per spouse in Delaware, with complex cases running significantly higher. Attorney fees account for most of this.
Timeline: Typically 1–3 years, depending on the court's docket and how contentious the dispute becomes.
Watch out for: Letting the case escalate when you don't have to. Every hour your attorneys spend arguing is billable time. Even mid-litigation, switching to mediation can save tens of thousands of dollars.
The honest answer about cost: the biggest driver isn't the process; it's the level of disagreement. The more you and your spouse can resolve directly, the more you both save.
Divorce With Children in Delaware
If you have children, your Delaware divorce includes two additional legal questions on top of property division and (sometimes) spousal support: custody and child support.
Custody / Parental Responsibilities
Delaware uses the term custody — what other states might call simply "custody." There are typically two dimensions:
Legal decision-making — the authority to make major decisions about a child's education, healthcare, and religious upbringing.
Physical custody / parenting time — where the child lives and on what schedule.
Most Delaware divorces with children result in some form of shared arrangement, but the exact split — joint vs. primary — depends on what each parent can reasonably handle and what's in the children's interest.
When a court in Delaware has to decide, the standard is the "best interests of the child." Factors typically include each parent's relationship with the child, the stability of each household, each parent's ability to meet the child's day-to-day needs, the child's school and community ties, and (for older children) the child's own preferences.
The most important thing to understand: the more you and your spouse can agree without involving a judge, the better the outcome tends to be for your children. Courts know this too — they actively encourage parents to settle custody between themselves whenever possible. Mediation works especially well here.
Child Support
Every state uses a formula for child support, and Delaware is no exception. Delaware calculates child support using the Melson formula model.
The formula considers each parent's income (usually gross or net depending on the state), the time the child spends with each parent, health insurance and childcare costs, and the number of children. The result is largely standardized — meaning it's not something one parent's lawyer can negotiate down significantly, and trying to do so is rarely worth the cost.
Both parents are responsible for supporting their children regardless of how custody is divided. Even a parent with primary physical custody contributes — child support recognizes that the costs of raising children are shared.
For state-specific child support calculators and a deeper walkthrough, see Child Support by State. For the conversation about telling your kids, see How to Tell Your Kids You're Getting Divorced.
What If My Spouse Won't Agree?
You do not need your spouse's consent to get divorced in Delaware. In every U.S. state, including this one, one spouse can file for divorce unilaterally. Your spouse's refusal to agree doesn't prevent the divorce from happening — it only affects the process and the timeline.
Here's what can happen:
If your spouse refuses to respond after being served. Delaware requires that your spouse be formally served with the Petition for Divorce and given a chance to respond. If they ignore the papers entirely and don't file a response within the time the court allows, you may be able to obtain a default divorce — the court grants the divorce based on your filing alone, on the terms you proposed. This is one of the most common outcomes when one spouse genuinely doesn't engage.
If your spouse contests the divorce. They can file a response disagreeing with your proposed terms — about property, custody, or support. The case then proceeds as a contested matter. It takes longer and costs more, but the divorce will still happen. Delaware courts cannot force two people to remain married when one of them has decided the marriage is over.
If you can't locate your spouse. Some states allow service by publication — publishing notice of the divorce in a newspaper after demonstrating that you've made reasonable efforts to find them. This is more complex procedurally and typically requires court approval. A Delaware family law attorney can help if this applies to you.
What your spouse can affect:
The timeline (by contesting, delaying, or refusing to respond)
The terms (by disagreeing on property division, custody, or support)
What your spouse cannot affect:
Your right to get divorced. That belongs entirely to you.
If your spouse is resistant to the idea but you haven't filed yet, read How to Have the Divorce Conversation before taking any legal steps. A different approach to the conversation sometimes shifts a "no" into reluctant cooperation.
We've helped with
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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!!
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What If I Can't Afford a Divorce in Delaware?
Financial concern is one of the most common reasons people stay in marriages they want to leave. The good news: getting divorced in Delaware doesn't have to cost what you might assume. A few real options worth knowing:
Uncontested online divorce is the lowest-cost legal path. If you and your spouse can reach agreement on the major issues, you can complete a Delaware divorce for a few hundred dollars all-in, including the $165 filing fee. Online services like Divorce.com prepare your court-approved paperwork based on a guided questionnaire — no attorney required.
Delaware fee waivers. If you can demonstrate financial hardship (typically by showing your income is below a certain threshold, you receive public assistance, or you simply can't afford the fee without sacrificing necessities), Delaware courts will generally waive or reduce the filing fee. Ask the court clerk in your county for an application for waiver of court fees — it's a short form, and decisions are usually made quickly.
Legal aid. Most states have civil legal aid organizations that provide free or reduced-cost representation to qualifying low-income individuals. The Delaware state bar association can refer you to legal aid offices in your area. Eligibility is typically based on household income.
Courthouse self-help centers. Many Delaware county courthouses operate self-help centers staffed by clerks, court navigators, or volunteer attorneys who can help you understand and complete divorce paperwork at no cost. They can't represent you, but they can answer procedural questions and check that your forms are filled in correctly.
Spousal contribution to legal costs. In some situations — particularly when there's a significant income disparity between spouses — a Delaware court can order the higher-earning spouse to contribute to the other spouse's reasonable legal costs during the divorce proceeding. Your attorney can advise whether this applies.
The pattern to remember: the more amicable the process, the more affordable it is. Disagreement is what costs money. Anything you and your spouse can work out directly is something you don't have to pay attorneys to resolve.
How Divorce.com Helps in Delaware
Divorce.com offers three plans for uncontested divorces in Delaware, depending on how much hands-on support you want:
Paperwork Only. We prepare your court-approved Delaware forms based on a guided questionnaire. You file them yourself with the Family Court in your county. The lowest-cost path, designed for people comfortable handling the courthouse step on their own.
We File For You. We prepare and file the paperwork on your behalf. You stay in your inbox; we handle the courthouse logistics. For most uncontested Delaware divorces, this is the sweet spot — handled efficiently without the cost of an attorney.
Fully Guided. A dedicated case manager walks you through every step from filing to final decree, including help if you and your spouse need to work out a final detail before finalizing. Includes mediation support if you need it.
All three plans are designed specifically for uncontested Delaware divorces. We've helped with over 1 million divorces across all 50 states. See current pricing and choose a plan.
Our Services
Paperwork Only
Basic access to divorce paperwork where you handle the rigorous filing process with the court.
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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.
Ready for the Full Delaware Process?
This page covers what to do first — the decision-stage view. For the complete procedural walkthrough — every form, every deadline, every Delaware-specific rule on property division, spousal support, and child custody — see our Complete Delaware Divorce Guide. That page is your reference once you've decided how you want to handle the process.
Q: How long does a divorce take in Delaware?
A: An uncontested divorce in Delaware typically takes 2–4 months for uncontested. A contested divorce can take 1–3 years, depending on the court's docket and the complexity of the disputes between the spouses. The single biggest factor in your timeline is whether you and your spouse can agree on the major issues — agreement compresses the process to its statutory minimum, while disagreement stretches it out.
Q: Do I need to be separated before filing for divorce in Delaware?
A: Yes. Delaware requires 6 months separation OR mutual consent (no-fault) before you can finalize a no-fault divorce. This means you and your spouse must live apart for the required period, and the separation date often becomes important for property and support calculations. If your situation involves an unusual separation arrangement (for example, living in the same house but separately), talk to a Delaware family law attorney — courts have specific tests for what counts.
Q: Is Delaware a 50/50 state for divorce?
A: No, Delaware is an equitable distribution state. Courts divide marital property fairly, which is not necessarily equally. They weigh factors like each spouse's income and earning capacity, length of the marriage, financial and non-financial contributions (including homemaking and child-rearing), and the circumstances of each party. Separate property — assets owned before the marriage or received as a gift or inheritance — is generally protected.
Q: Do I need a lawyer to get divorced in Delaware?
A: Not necessarily. If your Delaware divorce is uncontested — meaning you and your spouse agree on property division, custody, and any support — you can complete the process without an attorney by using an online divorce service that prepares your court-approved paperwork. You should consult a Delaware family law attorney if your situation involves significant assets, a business or professional practice, a pension or retirement account requiring division, complex custody disputes, domestic violence or safety concerns, hidden assets, or a spouse who is contesting the divorce aggressively.
Q: What is the residency requirement for divorce in Delaware?
A: Delaware requires 6 months before you can file for divorce. You'll typically need to file in the county where you've established that residency. If you've recently moved to Delaware, you may need to wait until you meet the residency requirement, or file in your previous state if you still qualify there.
Q: What is the filing fee for divorce in Delaware?
A: Filing fees in Delaware typically range from $165, varying by county. If you can demonstrate financial hardship, you can apply for a fee waiver — most counties will reduce or waive the fee for qualifying applicants. Ask the court clerk for an application for waiver of court fees.
Q: Can I file for divorce in Delawarewithout my spouse's consent?
A: Yes. You do not need your spouse's consent to file for divorce in Delaware. If your spouse refuses to respond after being served, you may be able to obtain a default divorce based on your filing alone. If they contest, the case proceeds as a contested matter — slower and more expensive, but the divorce will still happen. Delaware courts cannot force two people to stay married against one party's wishes.
Q: How does Delaware calculate child support?
A: Delaware uses the Melson formula model to calculate child support. The formula considers each parent's income, the parenting time split, health insurance and childcare costs, and the number of children. The result is largely standardized within the state — it's not something a lawyer can negotiate down significantly. Both parents share responsibility for supporting their children regardless of which parent has primary custody.
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Written By:
Elizabeth Stewart
Co-CEO, Divorce.com
I Want a Divorce in Delaware. Here's What to Do Next.
If you've decided you want a divorce in Delaware, the hardest part isn't the paperwork. It's knowing what to do, in what order, and who you actually need help from.
Here's what most people don't realize: more than 90% of divorces in the U.S. are resolved without a trial, and most don't require each spouse to hire a lawyer. The image of divorce as a long, expensive courtroom battle is real — but it's the worst-case scenario, not how the typical American divorce actually unfolds.
In Delaware specifically: you'll need 6 months of residency to file. The state allows both no-fault grounds (irreconcilable differences) and certain fault grounds (such as adultery, cruelty, or abandonment, depending on state law), and divides marital property as an equitable distribution state. That means marital property — assets acquired during the marriage — is divided fairly between spouses, which is not necessarily equally. Courts weigh factors like each spouse's income, length of the marriage, contributions (including non-financial ones like homemaking and child-rearing), and the circumstances of each party. Separate property (assets owned before the marriage, or received as a gift or inheritance) is generally protected. Delaware also has a separation requirement: 6 months separation OR mutual consent (no-fault). We cover what that means below. If you and your spouse can agree on the major issues — how to split property, what custody looks like if you have children, and whether either of you needs ongoing support — you can file an uncontested divorce and finalize in 2–4 months for uncontested, often without ever setting foot in a courtroom.
This guide walks you through your first 5 steps, the three paths a Delaware divorce can take, and how to figure out which path fits your situation.
Delaware Divorce at a Glance
Residency required: 6 months
Waiting period: 30 days after service for response
Grounds: irreconcilable differences (no-fault) plus fault grounds available
Property division: equitable distribution
Court: Family Court
Filing fee: $165 (varies by county)
Typical uncontested timeline: 2–4 months for uncontested
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
Your First 5 Steps When You Want a Divorce in Delaware
These are the actions that actually move things forward — in the right order.
Step 1: Get clear on the outcome you want
Divorce isn't one decision; it's dozens. Before you take any legal step, spend time thinking about what you actually need on the other side of this: where you'll live, how you'll handle custody if you have children, what a fair division of assets looks like to you, and whether ongoing financial support is on the table.
You don't need every answer right now. You just need to have thought about them. Every conversation that follows — with your spouse, with an attorney, with a mediator, with your kids — gets more productive when you've spent time getting clear on your own priorities first.
Common mistake: trying to start the legal process before knowing what outcome you actually want. That leads to reactive decisions you regret.
Step 2: Understand your financial picture
Start gathering financial documents now, before the legal process begins. This includes:
Last 2–3 years of federal and state tax returns
Recent statements for every bank account, investment account, and retirement account (yours, your spouse's, and joint)
Mortgage balance, auto loan balances, credit card statements
Recent pay stubs for both spouses
Records of significant assets (property, vehicles, businesses) and significant debts
Any pre-nuptial or post-nuptial agreements
In an uncontested Delaware divorce, having this organized speeds everything up. In a contested one, it becomes critical — and getting it later, once your spouse knows divorce is coming, can be much harder. Make copies and store them somewhere only you can access (a personal email, a friend's house, a safe deposit box).
Step 3: Tell your spouse
If your spouse doesn't know yet, this conversation needs to happen before any legal step. There's a right way and a wrong way to have it: pick a calm time, do it in person if safely possible, don't have it in front of children, and don't have it during an argument. See our guide to How to Ask for a Divorce for what to say.
There are situations where telling your spouse first isn't safe — if there's a history of abuse or threats, talk to a Delaware family law attorney or a domestic-violence resource before taking any other step.
Step 4: Choose how you want to handle the process
There are three main paths through a Delaware divorce: uncontested (you and your spouse agree on the major issues, file together, no courtroom), mediation (a neutral third party helps you reach agreement), and contested litigation (lawyers and a judge resolve disputes you can't). The path you pick drives cost, timeline, and emotional toll more than almost anything else. We cover each below.
Step 5: File (or have someone file for you)
Once you've chosen your path, the legal process officially begins when you file a Petition for Divorce with the Family Court in your county. Depending on your path, you'll file it yourself, work with an online divorce service like Divorce.com that prepares and files the paperwork for you, or work through an attorney.
Upfront pricing at a fraction of the cost of traditional divorce
Divorce doesn’t have to cost as much as a car.
The Three Ways to Get Divorced in Delaware
Not every divorce looks the same. The right path depends on how aligned you and your spouse are, how complex your finances are, and whether children are involved. In order from most common to least common in the U.S.:
1. Uncontested / Online Divorce — the path most Delaware divorces take
An uncontested divorce means both spouses agree on every major issue: how to divide property, whether either of you will pay or receive spousal support, and — if you have children — custody and child support arrangements.
When you agree, the process is dramatically simpler. You file a Petition for Divorce together (or one of you files and the other doesn't contest it), submit the required paperwork to the Family Court, and the court enters a judgment that finalizes the divorce.
Best for: Couples who can communicate, have relatively straightforward assets, and are both ready to move on.
Cost: Typically $200–$1,500 all-in, including Delaware filing fees of $165.
Timeline: 2–4 months for uncontested.
Watch out for: Agreeing too quickly on terms you'll regret. "Uncontested" doesn't mean "rushed" — take the time to make sure the agreement is genuinely fair to both of you.
2. Mediation — the middle path
A trained, neutral mediator helps you and your spouse reach agreement on the issues you don't yet see eye-to-eye on. The mediator doesn't make decisions; they facilitate the conversation and help you find solutions both of you can live with. Once you've reached agreement, you file the resulting settlement with the Family Court as an uncontested divorce.
Best for: Couples who disagree on some things — maybe how to split the house, or what a fair parenting schedule looks like — but are both acting in good faith and want to stay out of court.
Cost: Typically $1,500–$5,000 for the mediation, plus the $165 filing fee. Some couples also have attorneys review the final agreement (add $500–$2,000 per spouse).
Timeline: 2–6 months from start to finalized agreement, then the standard uncontested filing timeline.
Watch out for: A "mediator" who isn't actually trained or credentialed. Look for someone certified through your state mediation council or a recognized program.
3. Contested Divorce (Litigation) — the courtroom path
When spouses can't agree on major issues and negotiate through attorneys (or in front of a judge), the divorce is contested. A judge ultimately decides property division, custody, and support if you and your spouse can't.
Best for: Situations involving serious disagreements that can't be resolved through negotiation — or cases involving domestic violence, hidden assets, substance abuse, or severe conflict over the children.
Cost: Routinely $15,000–$30,000+ per spouse in Delaware, with complex cases running significantly higher. Attorney fees account for most of this.
Timeline: Typically 1–3 years, depending on the court's docket and how contentious the dispute becomes.
Watch out for: Letting the case escalate when you don't have to. Every hour your attorneys spend arguing is billable time. Even mid-litigation, switching to mediation can save tens of thousands of dollars.
The honest answer about cost: the biggest driver isn't the process; it's the level of disagreement. The more you and your spouse can resolve directly, the more you both save.
Divorce With Children in Delaware
If you have children, your Delaware divorce includes two additional legal questions on top of property division and (sometimes) spousal support: custody and child support.
Custody / Parental Responsibilities
Delaware uses the term custody — what other states might call simply "custody." There are typically two dimensions:
Legal decision-making — the authority to make major decisions about a child's education, healthcare, and religious upbringing.
Physical custody / parenting time — where the child lives and on what schedule.
Most Delaware divorces with children result in some form of shared arrangement, but the exact split — joint vs. primary — depends on what each parent can reasonably handle and what's in the children's interest.
When a court in Delaware has to decide, the standard is the "best interests of the child." Factors typically include each parent's relationship with the child, the stability of each household, each parent's ability to meet the child's day-to-day needs, the child's school and community ties, and (for older children) the child's own preferences.
The most important thing to understand: the more you and your spouse can agree without involving a judge, the better the outcome tends to be for your children. Courts know this too — they actively encourage parents to settle custody between themselves whenever possible. Mediation works especially well here.
Child Support
Every state uses a formula for child support, and Delaware is no exception. Delaware calculates child support using the Melson formula model.
The formula considers each parent's income (usually gross or net depending on the state), the time the child spends with each parent, health insurance and childcare costs, and the number of children. The result is largely standardized — meaning it's not something one parent's lawyer can negotiate down significantly, and trying to do so is rarely worth the cost.
Both parents are responsible for supporting their children regardless of how custody is divided. Even a parent with primary physical custody contributes — child support recognizes that the costs of raising children are shared.
For state-specific child support calculators and a deeper walkthrough, see Child Support by State. For the conversation about telling your kids, see How to Tell Your Kids You're Getting Divorced.
What If My Spouse Won't Agree?
You do not need your spouse's consent to get divorced in Delaware. In every U.S. state, including this one, one spouse can file for divorce unilaterally. Your spouse's refusal to agree doesn't prevent the divorce from happening — it only affects the process and the timeline.
Here's what can happen:
If your spouse refuses to respond after being served. Delaware requires that your spouse be formally served with the Petition for Divorce and given a chance to respond. If they ignore the papers entirely and don't file a response within the time the court allows, you may be able to obtain a default divorce — the court grants the divorce based on your filing alone, on the terms you proposed. This is one of the most common outcomes when one spouse genuinely doesn't engage.
If your spouse contests the divorce. They can file a response disagreeing with your proposed terms — about property, custody, or support. The case then proceeds as a contested matter. It takes longer and costs more, but the divorce will still happen. Delaware courts cannot force two people to remain married when one of them has decided the marriage is over.
If you can't locate your spouse. Some states allow service by publication — publishing notice of the divorce in a newspaper after demonstrating that you've made reasonable efforts to find them. This is more complex procedurally and typically requires court approval. A Delaware family law attorney can help if this applies to you.
What your spouse can affect:
The timeline (by contesting, delaying, or refusing to respond)
The terms (by disagreeing on property division, custody, or support)
What your spouse cannot affect:
Your right to get divorced. That belongs entirely to you.
If your spouse is resistant to the idea but you haven't filed yet, read How to Have the Divorce Conversation before taking any legal steps. A different approach to the conversation sometimes shifts a "no" into reluctant cooperation.
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.
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What If I Can't Afford a Divorce in Delaware?
Financial concern is one of the most common reasons people stay in marriages they want to leave. The good news: getting divorced in Delaware doesn't have to cost what you might assume. A few real options worth knowing:
Uncontested online divorce is the lowest-cost legal path. If you and your spouse can reach agreement on the major issues, you can complete a Delaware divorce for a few hundred dollars all-in, including the $165 filing fee. Online services like Divorce.com prepare your court-approved paperwork based on a guided questionnaire — no attorney required.
Delaware fee waivers. If you can demonstrate financial hardship (typically by showing your income is below a certain threshold, you receive public assistance, or you simply can't afford the fee without sacrificing necessities), Delaware courts will generally waive or reduce the filing fee. Ask the court clerk in your county for an application for waiver of court fees — it's a short form, and decisions are usually made quickly.
Legal aid. Most states have civil legal aid organizations that provide free or reduced-cost representation to qualifying low-income individuals. The Delaware state bar association can refer you to legal aid offices in your area. Eligibility is typically based on household income.
Courthouse self-help centers. Many Delaware county courthouses operate self-help centers staffed by clerks, court navigators, or volunteer attorneys who can help you understand and complete divorce paperwork at no cost. They can't represent you, but they can answer procedural questions and check that your forms are filled in correctly.
Spousal contribution to legal costs. In some situations — particularly when there's a significant income disparity between spouses — a Delaware court can order the higher-earning spouse to contribute to the other spouse's reasonable legal costs during the divorce proceeding. Your attorney can advise whether this applies.
The pattern to remember: the more amicable the process, the more affordable it is. Disagreement is what costs money. Anything you and your spouse can work out directly is something you don't have to pay attorneys to resolve.
How Divorce.com Helps in Delaware
Divorce.com offers three plans for uncontested divorces in Delaware, depending on how much hands-on support you want:
Paperwork Only. We prepare your court-approved Delaware forms based on a guided questionnaire. You file them yourself with the Family Court in your county. The lowest-cost path, designed for people comfortable handling the courthouse step on their own.
We File For You. We prepare and file the paperwork on your behalf. You stay in your inbox; we handle the courthouse logistics. For most uncontested Delaware divorces, this is the sweet spot — handled efficiently without the cost of an attorney.
Fully Guided. A dedicated case manager walks you through every step from filing to final decree, including help if you and your spouse need to work out a final detail before finalizing. Includes mediation support if you need it.
All three plans are designed specifically for uncontested Delaware divorces. We've helped with over 1 million divorces across all 50 states. See current pricing and choose a plan.
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.
Ready for the Full Delaware Process?
This page covers what to do first — the decision-stage view. For the complete procedural walkthrough — every form, every deadline, every Delaware-specific rule on property division, spousal support, and child custody — see our Complete Delaware Divorce Guide. That page is your reference once you've decided how you want to handle the process.
Q: How long does a divorce take in Delaware?
A: An uncontested divorce in Delaware typically takes 2–4 months for uncontested. A contested divorce can take 1–3 years, depending on the court's docket and the complexity of the disputes between the spouses. The single biggest factor in your timeline is whether you and your spouse can agree on the major issues — agreement compresses the process to its statutory minimum, while disagreement stretches it out.
Q: Do I need to be separated before filing for divorce in Delaware?
A: Yes. Delaware requires 6 months separation OR mutual consent (no-fault) before you can finalize a no-fault divorce. This means you and your spouse must live apart for the required period, and the separation date often becomes important for property and support calculations. If your situation involves an unusual separation arrangement (for example, living in the same house but separately), talk to a Delaware family law attorney — courts have specific tests for what counts.
Q: Is Delaware a 50/50 state for divorce?
A: No, Delaware is an equitable distribution state. Courts divide marital property fairly, which is not necessarily equally. They weigh factors like each spouse's income and earning capacity, length of the marriage, financial and non-financial contributions (including homemaking and child-rearing), and the circumstances of each party. Separate property — assets owned before the marriage or received as a gift or inheritance — is generally protected.
Q: Do I need a lawyer to get divorced in Delaware?
A: Not necessarily. If your Delaware divorce is uncontested — meaning you and your spouse agree on property division, custody, and any support — you can complete the process without an attorney by using an online divorce service that prepares your court-approved paperwork. You should consult a Delaware family law attorney if your situation involves significant assets, a business or professional practice, a pension or retirement account requiring division, complex custody disputes, domestic violence or safety concerns, hidden assets, or a spouse who is contesting the divorce aggressively.
Q: What is the residency requirement for divorce in Delaware?
A: Delaware requires 6 months before you can file for divorce. You'll typically need to file in the county where you've established that residency. If you've recently moved to Delaware, you may need to wait until you meet the residency requirement, or file in your previous state if you still qualify there.
Q: What is the filing fee for divorce in Delaware?
A: Filing fees in Delaware typically range from $165, varying by county. If you can demonstrate financial hardship, you can apply for a fee waiver — most counties will reduce or waive the fee for qualifying applicants. Ask the court clerk for an application for waiver of court fees.
Q: Can I file for divorce in Delawarewithout my spouse's consent?
A: Yes. You do not need your spouse's consent to file for divorce in Delaware. If your spouse refuses to respond after being served, you may be able to obtain a default divorce based on your filing alone. If they contest, the case proceeds as a contested matter — slower and more expensive, but the divorce will still happen. Delaware courts cannot force two people to stay married against one party's wishes.
Q: How does Delaware calculate child support?
A: Delaware uses the Melson formula model to calculate child support. The formula considers each parent's income, the parenting time split, health insurance and childcare costs, and the number of children. The result is largely standardized within the state — it's not something a lawyer can negotiate down significantly. Both parents share responsibility for supporting their children regardless of which parent has primary custody.
Other Articles:
Sussex County Divorce Guide: Georgetown, Delaware Filing
Kent County Divorce Guide: Dover, Delaware Filing
New Castle County Divorce Guide: Wilmington, Delaware Filing
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Other Articles:
Sussex County Divorce Guide: Georgetown, Delaware Filing
Kent County Divorce Guide: Dover, Delaware Filing
New Castle County Divorce Guide: Wilmington, Delaware Filing
I Want a Divorce in Alabama: What to Do First
I Want a Divorce in Alaska: What to Do First
I Want a Divorce in Arizona: What to Do First
I Want a Divorce in Arkansas: What to Do First
I Want a Divorce in California: What to Do First
I Want a Divorce in Colorado: What to Do First
I Want a Divorce in Connecticut: What to Do First
I Want a Divorce in Delaware: What to Do First
I Want a Divorce in Florida: What to Do First
I Want a Divorce in Georgia: What to Do First
I Want a Divorce in Hawaii: What to Do First
I Want a Divorce in Idaho: What to Do First
I Want a Divorce in Illinois: What to Do First
I Want a Divorce in Indiana: What to Do First
I Want a Divorce in Iowa: What to Do First
I Want a Divorce in Kansas: What to Do First
I Want a Divorce in Kentucky: What to Do First
I Want a Divorce in Louisiana: What to Do First
I Want a Divorce in Maine: What to Do First
I Want a Divorce in Maryland: What to Do First
I Want a Divorce in Massachusetts: What to Do First
I Want a Divorce in Michigan: What to Do First
I Want a Divorce in Minnesota: What to Do First
I Want a Divorce in Mississippi: What to Do First
I Want a Divorce in Missouri: What to Do First
I Want a Divorce in Montana: What to Do First
I Want a Divorce in Nebraska: What to Do First
I Want a Divorce in Nevada: What to Do First
I Want a Divorce in New Hampshire: What to Do First
I Want a Divorce in New Jersey: What to Do First
I Want a Divorce in New Mexico: What to Do First
I Want a Divorce in New York: What to Do First
I Want a Divorce in North Carolina: What to Do First
I Want a Divorce in North Dakota: What to Do First
I Want a Divorce in Ohio: What to Do First
I Want a Divorce in Oklahoma: What to Do First
I Want a Divorce in Oregon: What to Do First
I Want a Divorce in Pennsylvania: What to Do First
I Want a Divorce in Rhode Island: What to Do First
I Want a Divorce in South Carolina: What to Do First
I Want a Divorce in South Dakota: What to Do First
I Want a Divorce in Tennessee: What to Do First
I Want a Divorce in Texas: What to Do First
I Want a Divorce in Utah: What to Do First
I Want a Divorce in Vermont: What to Do First
I Want a Divorce in Virginia: What to Do First
I Want a Divorce in Washington: What to Do First
I Want a Divorce in West Virginia: What to Do First
I Want a Divorce in Wisconsin: What to Do First
I Want a Divorce in Wyoming: What to Do First
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.
