Delaware Divorce Laws & Requirements (2026)

If you're researching a divorce in Delaware, here are the core 2026 rules that shape the process, residency, grounds, property division, cost, and the waiting period, in plain English.

Residency requirement

You (or your spouse) generally need to have lived in the state for at least six months before you can file in Delaware.

Grounds for divorce

Delaware allows a no-fault divorce, so you don't have to prove fault. Fault grounds may also exist, but no-fault is simplest for an agreed divorce.

How property and debts are divided

Delaware is an equitable-distribution state: marital property is divided fairly rather than always 50/50, and couples who agree set their own terms.

Waiting period and where to file

Expect a required period of living separate and apart (about six months) before the divorce is final. You file your petition with the Family Court in your county; the filing fee is set by your county court, commonly $100–$450 (a fee waiver is available if you qualify).

The uncontested path

When you and your spouse agree, an Delaware divorce becomes paperwork rather than a court battle, faster, far cheaper, and usually without a lawyer.

This guide is general information, not legal advice, and rules change, always confirm current requirements with your county court or a licensed attorney. When you start with us, your forms and checklist are tailored to your state and county automatically.

Frequently asked questions

How much does a divorce cost in Delaware in 2026?

Preparing an uncontested divorce in Delaware with SimplyDivorceOnline is a flat $149, plus your county court's filing fee (set by your county court, commonly $100–$450 (a fee waiver is available if you qualify)). That's a fraction of hiring an attorney, which commonly runs $10,000+ for a contested case.

How long does a divorce take in Delaware?

Most people finish the paperwork in a weekend. After you file, Delaware generally requires a required period of living separate and apart (about six months) before the divorce is final, usually the biggest factor in your overall timeline.

Do I need a lawyer to get divorced in Delaware?

No. If you and your spouse agree on the terms, you can file an uncontested divorce in Delaware yourself using the correct court forms. A lawyer is mainly worth it if your case is contested or involves complex assets, a business, or a custody dispute.

Can I get divorced in Delaware if my spouse won't cooperate?

Yes. Delaware, like every state, allows a no-fault divorce, so your spouse cannot block it. If they don't respond after being properly served, the court can grant a default divorce.

Where do I file for divorce in Delaware?

You file with the Family Court in the county where you (or your spouse) live. Your county clerk processes the case; Delaware's official court website has current forms and fees.