Divorce in Delaware (2026)

Delaware: A No-Fault Only State

Delaware is one of a minority of states that recognize only no-fault grounds for divorce. Under 13 Del. C. Section 1505, the sole statutory ground is that the marriage is irretrievably broken, as evidenced by reconciliation being improbable. There are no fault-based grounds — allegations of adultery, cruelty, abandonment, or other misconduct cannot be used as grounds for obtaining the divorce itself.

This means that a Delaware divorce cannot be contested on the basis of fault. One spouse cannot prevent the other from obtaining a divorce by arguing that neither party committed misconduct. If the court determines that the marriage is irretrievably broken, the divorce will be granted regardless of the circumstances that led to the breakdown.

However, certain conduct may still be considered in the context of property division or custody determinations, even though it cannot serve as a ground for the divorce.

For a broader understanding of the divorce process, see our complete guide to divorce.

The Delaware Family Court

All divorce proceedings in Delaware are handled by the Delaware Family Court, a specialized court with exclusive jurisdiction over divorce, custody, child support, and related family matters. Unlike states where divorce cases may be filed in circuit, superior, or chancery court, Delaware’s Family Court was specifically designed to handle family law cases efficiently.

The Family Court system includes locations in each of Delaware’s three counties — New Castle, Kent, and Sussex — and provides resources including self-help centers, mediation services, and standardized forms. The court’s specialization in family matters means that judges hearing divorce cases have deep familiarity with family law issues.

Residency Requirements

Under 13 Del. C. Section 1504, at least one spouse must have been a bona fide resident of Delaware for at least six months immediately preceding the filing of the petition. The divorce is filed in the Family Court of the county where either spouse resides. Delaware’s six-month residency requirement is shorter than many states, which can be an advantage for individuals who have recently relocated.

No Mandatory Waiting Period

Delaware does not impose a specific mandatory waiting period between filing and the final decree. However, the court must schedule and hold a hearing, and the practical timeline depends on the court’s docket and the nature of the case. Parties must demonstrate that the marriage is irretrievably broken before the court will grant the divorce.

The absence of a formal waiting period — combined with the no-fault only framework — means that uncontested Delaware divorces can proceed relatively quickly once the paperwork is filed and a hearing is scheduled.

Filing Fees and Costs

The filing fee for a divorce petition in Delaware is approximately $150 to $175, depending on the county. Additional costs may include fees for service of process, document certification, and mandatory programs such as parenting education classes when minor children are involved. Fee waivers are available for individuals who demonstrate financial need. Attorney fees vary based on the complexity of the case.

Property Division

Delaware follows equitable distribution under 13 Del. C. Section 1513. The court divides marital property fairly, considering factors that include:

• The length of the marriage
• Any prior marriage of either party
• The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party
• Whether the property award is in lieu of or in addition to alimony
• The opportunity of each party for future acquisition of assets and income
• The contribution of each party to the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a spouse as homemaker
• The value of the property set apart to each spouse
• The economic circumstances of each party at the time the division is to become effective
• Tax consequences of the proposed division

Delaware distinguishes between marital and separate property. Separate property generally includes assets acquired before the marriage, by inheritance, or by gift and is typically not subject to division unless it has been commingled with marital assets.

Alimony

Delaware courts may award alimony under 13 Del. C. Section 1512. The court considers the financial resources of the party seeking alimony, the time needed to acquire education or training, the standard of living during the marriage, the duration of the marriage, the age and health of both parties, and each party’s contribution to the other’s earning potential. Alimony may be temporary, rehabilitative, or permanent, depending on the circumstances.

Delaware’s alimony statute also requires the court to consider whether either party forgone or postponed economic, education, or employment opportunities during the marriage — acknowledging that one spouse may have sacrificed career advancement to support the family or the other spouse’s career.

The Divorce Process

A Delaware divorce typically follows these steps:

1. Filing. One spouse files a petition for divorce in Family Court.
2. Service. The petition is served on the other spouse.
3. Response. The respondent has 20 days to file an answer.
4. Financial disclosures. Both parties exchange financial information.
5. Mediation or negotiation. The parties attempt to resolve disputes regarding property, alimony, and custody.
6. Final hearing. The court enters a decree if the parties have reached an agreement or, if not, after a contested hearing.

Uncontested divorces in Delaware typically take two to four months. Contested cases may take one to two years, depending on the complexity of the financial and custody issues involved.

When to Consult an Attorney

Delaware’s no-fault framework simplifies the grounds for divorce, but equitable distribution of assets and alimony determinations still require careful legal analysis. If you are considering divorce in Delaware, schedule a free consultation with a family law attorney to understand how the law applies to your specific circumstances.

Frequently Asked Questions

What are the residency requirements for a Delaware divorce?

Under 13 Del. C. Section 1504, at least one spouse must have been a bona fide resident of Delaware for at least six months immediately before filing. The divorce is filed in the Family Court of the county where either spouse resides.

Is Delaware a community property or equitable distribution state?

Delaware follows equitable distribution under 13 Del. C. Section 1513. The court divides marital property fairly based on factors including the length of the marriage, each party’s income and employability, homemaker contributions, tax consequences, and the economic circumstances of each spouse. Separate property (pre-marriage, gifts, inheritances) is generally not divided unless commingled.

Does Delaware allow fault-based divorce?

No. Delaware is a no-fault only state. The sole ground for divorce is that the marriage is irretrievably broken, as evidenced by the improbability of reconciliation under 13 Del. C. Section 1505. Allegations of adultery, cruelty, or other misconduct are not relevant to granting the divorce, though certain conduct may be considered in property division or custody.

Does Delaware have a mandatory waiting period for divorce?

Delaware does not impose a specific mandatory waiting period between filing and the final decree. However, uncontested divorces typically take two to four months due to court scheduling requirements, while contested cases may take one to two years.

Why does Delaware use a specialized Family Court for divorce?

Delaware’s Family Court has exclusive jurisdiction over divorce, custody, child support, and related family matters. This specialization means that judges hearing divorce cases focus exclusively on family law, providing consistency and depth of expertise that general-purpose courts may not offer. The Family Court also provides resources like self-help centers, standardized forms, and mediation services.

Can my spouse prevent the divorce if I file in Delaware?

No. Because Delaware is a no-fault only state, a spouse cannot prevent the divorce by arguing that neither party committed wrongdoing. If the court determines that the marriage is irretrievably broken based on the evidence, the divorce will be granted. The other spouse may contest issues like property division, alimony, or custody, but cannot prevent the dissolution itself.

How This Guide Was Researched

This guide was developed through a comprehensive review of Delaware’s divorce statutes under 13 Del. C. Chapter 15, including the no-fault grounds under Section 1505, the residency requirements under Section 1504, the equitable distribution framework under Section 1513, and the alimony provisions under Section 1512. We examined the Delaware Family Court’s specialized jurisdiction, filing procedures, and self-help resources. Additional sources included the Delaware Family Court website, Delaware Supreme Court decisions on equitable distribution and the no-fault framework, and the Delaware State Bar Association’s family law section publications.

Sources and Legal References

• 13 Del. C. Section 1504 — Residency requirements (six-month bona fide residency)
• 13 Del. C. Section 1505 — No-fault grounds (irretrievable breakdown as sole ground)
• 13 Del. C. Section 1513 — Equitable distribution of marital property
• 13 Del. C. Section 1512 — Alimony provisions (including forgone opportunities factor)
• Delaware Family Court filing procedures and rules
• Delaware Supreme Court decisions on the no-fault framework and equitable distribution

Official Delaware Resources

• Delaware Family Court
• Delaware Family Court – Divorce/Annulment

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Child custody in Delaware — Mandatory mediation, best interests factors, and the criminal history provision
• Child support in Delaware — The Melson Formula and the self-support reserve
• No-fault divorce — How Delaware’s no-fault only approach compares to other states
• DIY divorce — When self-representation may be appropriate
• Contested vs. uncontested divorce — Understanding the differences in process and cost
• How to file for divorce — Step-by-step filing guide
• Divorce checklist — Essential preparation for the divorce process