Divorce in Delaware — the plain-English overview

Delaware routes divorces through the Family Court, a specialized statewide court with jurisdiction over all domestic-relations matters. The state's main path to divorce requires 6 months of separation before filing — a meaningful procedural hurdle that shapes how Delaware divorces are timed. None of this replaces talking to a Delaware family-law attorney about your specifics, but knowing the basics helps you read your own paperwork.

Where you file

Delaware divorces are filed in the Family Court of the county where either spouse lives. At least one spouse must have been a Delaware resident for 6 months before the petition is filed (13 Del. C. § 1504).

Delaware has Family Court divisions in New Castle (Wilmington), Kent (Dover), and Sussex (Georgetown). Family Court has exclusive jurisdiction over divorce, custody, support, adoption, and most other family-law matters.

How long it takes

Delaware's primary path to divorce — irretrievable breakdown of the marriage — requires that the spouses have lived separate and apart for a continuous period of 6 months before the petition is filed (or that the marriage is characterized by misconduct that satisfies one of the alternative grounds) (13 Del. C. § 1505).

Once the 6-month separation has passed and the petition is filed, the divorce itself can proceed relatively quickly. Uncontested Delaware divorces often finalize within 60–90 days of filing. Contested cases run a year or more, especially when custody or substantial property is in dispute.

Property — what state law assumes

Delaware is an equitable distribution state. The Family Court divides marital property — generally, what was acquired during the marriage — in such proportions as the court finds equitable, considering all relevant factors (13 Del. C. § 1513). The statute lists 11 factors including the length of the marriage, any prior marriage of either party, age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition, contribution to acquisition or appreciation, tax consequences, and whether the property was acquired by gift.

Delaware courts have built up a substantial body of case law applying the statutory factors, particularly around the treatment of professional licenses and businesses acquired during the marriage.

Custody — the starting framework

Delaware has no statutory presumption in favor of joint or sole custody. The Family Court decides based on the best interest of the child under 13 Del. C. § 722, weighing eight statutory factors: the wishes of the child's parent or parents, the wishes of the child, the interaction and interrelationship of the child with parents and siblings, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, past and present compliance by both parents with their child-support obligations, evidence of domestic violence, and the criminal history of any party.

The statute uses legal custody (decision-making) and residential placement (where the child lives), each of which can be joint or sole. Joint legal custody with a primary residential parent and a defined contact schedule for the other parent is the most common outcome.

Filing fees and fee waivers

The Family Court filing fee for a Delaware divorce petition is approximately $165 statewide. The responding spouse pays a separate response fee (around $77).

If you can't afford the fee, Delaware lets you file a Motion to Waive Costs and Fees with an accompanying affidavit of indigency. The Family Court applies the procedural rules at Family Court Civil Rule 124 (and the underlying authority in Title 10) to evaluate the request. You provide your income, household expenses, and inability to pay; if granted, the court waives the filing fee and certain other court-imposed costs.

What this page can't tell you

Delaware's three Family Court divisions run divorce practice with some local variation:

• Whether your division routes contested matters to mediation through the Family Court Mediation program (most do).
• Local rules on case-management scheduling and pretrial conferences for contested cases.
• The specific parent-education program your division approves for divorces involving minor children.
• How quickly your court can hear emergency motions.

The Delaware Courts (courts.delaware.gov/family) hosts statewide forms, the Family Court self-help portal, and procedural information. Your county's Family Court Clerk is the authoritative source for local rules and fee schedules. For anything strategic — especially around equitable distribution, alimony, or contested custody — talk to a Delaware family-law attorney.

Statutes referenced

• Residency — 13 Del. C. § 1504
• 6-month separation (irretrievable breakdown) — 13 Del. C. § 1505
• Equitable distribution — 13 Del. C. § 1513
• Custody — best-interest factors — 13 Del. C. § 722
• Fee waiver (Family Court rule) — Family Court Civil Rule 124

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.