How to File for Divorce in Delaware (2026)

If you and your spouse both agree the marriage is over, you can file for an uncontested divorce in Delaware yourself, without paying a lawyer by the hour. This 2026 guide walks through every step, the Delaware-specific rules, and roughly what to expect.

Do you qualify for an uncontested divorce in Delaware?

An uncontested divorce is the right fit when you and your spouse agree on the major issues: how to divide property and debts, and (if you have children) custody and support. If you agree on those, Delaware lets you handle the whole thing with paperwork. If you don't, or there's abuse, hidden assets, or a custody fight, talk to a licensed attorney instead.

Step 1: Meet the residency requirement

Before you can file, you (or your spouse) generally need to have lived in the state for at least six months. This is what gives the Delaware court authority over your case, so confirm it first if you've moved recently.

Step 2: State your grounds (no-fault)

Delaware, like every state, allows a no-fault divorce. You simply state the marriage is broken; you don't have to prove either spouse did anything wrong.

Step 3: Prepare and file your petition

You file a petition (or complaint) for divorce with the Family Court in your county and pay the filing fee, set by your county court, commonly $100–$450 (a fee waiver is available if you qualify). If money is tight, ask about a fee waiver.

Step 4: Notify your spouse and settle the terms

Your spouse must be formally notified (served). In an amicable case they can simply sign a waiver accepting service. You then put your agreement, property, debts, and any children, into a settlement agreement that becomes part of the final order.

Step 5: Wait out the period and finalize

Delaware generally requires a required period of living separate and apart (about six months) before the divorce is final. After that, a judge reviews and signs your final decree. As an equitable-distribution state, Delaware divides marital property fairly, and honors the split you agree on.

How SimplyDivorceOnline helps in Delaware

Instead of downloading blank Delaware forms and guessing, you answer plain-English questions and we prepare the exact documents your county court accepts, plus a filing checklist, all for a flat $149.

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.