Delaware Divorce Laws

Overview: Divorce in Delaware

Delaware's family court system is efficient and accessible, with relatively low filing fees and clear statutory guidelines for custody determinations. The 6-month residency requirement and straightforward no-fault process make it manageable for most couples.

Whether you are considering filing for divorce, navigating a custody dispute, or evaluating your options for spousal support, understanding Delaware's specific laws is the essential first step. This guide covers the key legal requirements and rules that apply to divorces filed in Delaware.

Residency Requirements

At least one spouse must have been a Delaware resident for at least 6 months before filing.

Filing before the residency requirement is met will result in the court dismissing your petition. If you have recently moved to Delaware or are considering which state to file in, confirming residency eligibility is the critical first step. An experienced Delaware family law attorney can confirm whether you currently qualify to file.

Grounds for Divorce in Delaware

Delaware recognizes no-fault divorce based on irretrievable breakdown of the marriage (separation for 6 months or mutually agreed). Fault grounds include misconduct, mental illness, and imprisonment.

For most divorcing couples, no-fault divorce is the most practical choice — it avoids the time and cost of proving marital fault in court. However, in states where fault can influence financial outcomes, discussing grounds strategy with your attorney before filing is worthwhile.

Property Division in Delaware

Delaware divides marital property equitably, considering the contribution of each spouse to the acquisition of marital assets, the value of each spouse's separate property, and each spouse's economic circumstances.

Marital property generally includes assets and debts acquired during the marriage, while separate property (owned before marriage, or received as a gift or inheritance) is typically excluded. Complex assets like retirement accounts, business interests, and real estate often require professional valuation and careful legal handling.

Waiting Periods & Timeline

There is a 30-day waiting period after filing before the court will schedule a hearing.

Even in states without a mandatory waiting period, the practical timeline for divorce — from filing to final decree — typically ranges from 60 days for simple uncontested cases to 12–24 months for contested divorces. Contested issues like property valuation, business interests, or custody disputes can extend timelines significantly.

Child Custody in Delaware

Delaware Family Court determines custody based on the best interests of the child, considering 15 specific statutory factors including the relationship of the child with each parent, the child's adjustment to home and school, and history of domestic violence.

Child custody decisions are not permanent — they can be modified after the initial order if there is a substantial change in circumstances. Courts in Delaware will always prioritize the best interests of the child over the preferences of either parent.

Types of Custody

• Legal custody — the right to make major decisions about the child's education, healthcare, and religious upbringing
• Physical custody — where the child primarily lives
• Joint custody — both parents share legal and/or physical custody
• Sole custody — one parent has primary legal and/or physical custody

Alimony & Spousal Support in Delaware

Delaware awards alimony on a discretionary basis considering the financial resources of each party, the standard of living during the marriage, the duration of the marriage, and each party's ability to meet their own needs.

Alimony is not automatically awarded in Delaware and is not available in every divorce. The requesting spouse must demonstrate financial need, and the court must find that the other spouse has the ability to pay. If you believe you may be entitled to spousal support — or may be required to pay it — consulting with a Delaware family law attorney early in the process is important.

What Makes Delaware Divorce Law Distinctive

Delaware has one of the lowest divorce filing fee ranges in the country, with fees starting around $58 for certain petition types.

Frequently Asked Questions: Divorce in Delaware