Delaware Divorce Laws: Residency, Waiting Period, Custody and Support
Delaware divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Delaware
- Residency requirement
- Either spouse must have actually lived (been domiciled) in Delaware, or been stationed in Delaware as a member of the U.S. armed services, continuously for at least 6 months immediately before the divorce or annulment is filed. 13 Del. C. § 1504(a); Family Court of Delaware, Divorce/Annulment
- Waiting period
- Spouses generally must have lived separate and apart for at least 6 months before the court rules on the divorce. 13 Del. C. §§ 1503(8), 1505(e); Family Court of Delaware, Divorce/Annulment
- Dividing property
- Delaware uses equitable distribution. On request, the court divides marital property without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills, employability, debts and needs, whether the award… 13 Del. C. § 1513
- Filing fee
- Under the Family Court's Schedule of Assessed Costs (effective July 20, 2026), filing a divorce costs $165 plus a $10 court security fee. Family Court of the State of Delaware, Schedule of Assessed Costs (effective 7/20/26)
- When child support ends
- Both parents must support a child under 18. Support continues past 18 if the child is a high school student who is likely to graduate; Del. Code Ann. tit. 13, § 501(a), (c), (d)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | Either spouse must have actually lived (been domiciled) in Delaware, or been stationed in Delaware as a member of the U.S. armed services, continuously for at least 6 months immediately before the divorce or annulment is filed. File in the county where either spouse lives. Re-verified 2026-10-27. |
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| Grounds for divorce | Delaware grants a divorce when the marriage is irretrievably broken and reconciliation is improbable. A marriage is irretrievably broken when it is marked by voluntary separation, separation caused by the other spouse's misconduct, separation caused by the other spouse's mental illness, or separation caused by incompatibility. Misconduct includes, for example, adultery, bigamy, desertion, repeated physical or verbal abuse, habitual intemperance, and conviction of a crime punishable by a year or more. Re-verified 2026-10-27. Source: 13 Del. C. §§ 1503, 1505 |
| Waiting period | Spouses generally must have lived separate and apart for at least 6 months before the court rules on the divorce. No separation period is required when the divorce is based on the other spouse's misconduct, but the misconduct must be proven. Spouses can be separated while living in the same home if they use separate bedrooms and do not have sexual relations; brief reconciliation attempts do not restart the clock if they did not share a bedroom or have sexual relations in the 30 days before the hearing. |
| Filing fee | Under the Family Court's Schedule of Assessed Costs (effective July 20, 2026), filing a divorce costs $165 plus a $10 court security fee. Each ancillary matter, such as property division, alimony, or a separation agreement, costs $90. Publication through the Family Court Legal Notices website is free. The fee waiver process was not described on the pages read. |
| Uncontested or simplified divorce | A petition is uncontested if the other spouse does not file an Answer within 20 days of being served, or files an Answer agreeing to the divorce. The petitioner can then ask for a decision based only on the papers (with an affidavit, without a court appearance) or for a hearing. If the Answer disputes material facts, the case is contested and set for a hearing. |
| Divorce forms | Delaware Family Court posts its divorce forms free online. Required forms are the Petition for Divorce/Annulment (Form 442), Information Sheet (Form 240), Vital Statistics Sheet (Form 441, or Form 441SS for a same-sex marriage), Request for Notice (Form 400), and an original or certified copy of the marriage or civil union certificate. Situational forms include the Affidavit of Children's Rights (Form 279) for couples with a child under 18, Affidavit of Unknown Address (Form 241), Stipulation to Incorporate Separation Agreement (Form 443), Request to Proceed without a Hearing (Form 446) and the Ancillary Financial Disclosure Report (Form 465). Forms are in Microsoft Word format. |
Property and alimony
| Dividing property | Delaware uses equitable distribution. On request, the court divides marital property without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills, employability, debts and needs, whether the award is instead of alimony, each spouse's contribution or dissipation (including as a homemaker), and tax consequences. Marital property is all property acquired during the marriage, except property gained by inheritance or by gift meeting certain conditions, property exchanged for pre-marriage property, property excluded by valid agreement, and the increase in value of pre-marriage property. Jointly titled real estate bought before the marriage is marital property unless excluded by agreement. Re-verified 2026-10-27. Source: 13 Del. C. § 1513 |
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| Alimony (spousal support) | Alimony can be awarded only to a dependent spouse: one who depends on the other for support, lacks enough property (including the marital property award) for reasonable needs, and cannot support themselves through appropriate work or cares for a child whose needs make outside work inappropriate. The amount and length are set without regard to marital misconduct, considering factors such as financial resources, time needed for education or training, the marital standard of living, length of the marriage, age and health, and the payer's ability to pay. Alimony may last no more than 50 percent of the length of the marriage, except there is no time limit for marriages of 20 years or more. A spouse who waived alimony in writing cannot receive it. Re-verified 2026-10-27. Source: 13 Del. C. § 1512 |
Children: custody and support
| Child custody | The Family Court decides legal custody and residential arrangements based on the child's best interests, considering the parents' wishes, the child's wishes, the child's relationships with parents, grandparents, siblings and household members, adjustment to home, school and community, the mental and physical health of everyone involved, each parent's past and present compliance with parental responsibilities, domestic violence, and criminal history. The court may not presume either parent is better qualified because of sex. No fixed age is set for the child's wishes. Re-verified 2026-10-27. Source: 13 Del. C. § 722 |
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| Emergency and temporary custody | Under Family Court Civil Rule 65.2, Family Court offers emergency or expedited relief only in extraordinary circumstances. For an Emergency Ex Parte Order, you must have filed (or the other party must have filed) a petition, such as for custody, and file a Motion and Affidavit for Emergency Ex Parte Order (Form 650) explaining how immediate and irreparable harm will result if relief is not granted, with a good-faith attempt to mail a copy to the other party. A Hearing Officer reviews it the same or next business day, usually without notice to the other party, and will either issue an ex parte order with a hearing within 15 days, deny it but schedule an emergency hearing, or deny it and send the case through the usual process. Other options are a Motion for Priority Scheduling, a Motion for Interim (Temporary) Relief and a Temporary Visitation Order. Protection-from-abuse cases use a separate form (Form 654). |
| Parenting class or mediation | Yes. When there are children of the marriage up to age 17, the court orders the parties to pay for and complete a certified Parenting Education Course of at least 4 hours, unless the court decides on motion that it is not necessary. A party with a history of domestic violence must take a more intensive course. The court will not move forward until all required certificates are filed. |
| Grandparents' rights | A grandparent (or aunt, uncle, adult sibling, or another adult with a substantial and positive prior relationship with the child) may petition for third-party visitation. Before granting it, the court must find visitation is in the child's best interests and, for each parent, that the parent consents, the child is dependent, neglected or abused in that parent's care, the parent has died, or the parent objects but the petitioner proves by clear and convincing evidence that the objection is unreasonable and that visits will not substantially interfere with the parent-child relationship. Re-verified 2026-10-27. Source: 13 Del. C. §§ 2410, 2412 |
Child support
| Child support | Delaware uses its own Delaware Child Support Formula, set out in Family Court Civil Rules 500 through 510 and revised effective February 1, 2026. Each parent gets a self-support allowance ($1,600), then a primary support amount for the children is shared by the parents' share of net available income, followed by a standard of living adjustment. The Family Court provides manual and automated (Excel) child support calculators. The court's instructions do not use the name of a national model; this structure is commonly known as the Melson formula. |
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| How to apply for child support | Apply to the Delaware Division of Child Support Services (DCSS), part of the Department of Health and Social Services, through the online Delaware Child Support Portal. You first create a My.Delaware account, then add the "DCSS App Services" app (new applicants) to apply. DCSS says application fees must be paid by check or money order. DCSS has offices in New Castle, Dover and Georgetown, open weekdays 8:00 a.m.–4:30 p.m.; the automated line is (302) 577-7171. FAQ: https://dhss.delaware.gov/dcss/division-of-child-support-services/frequently-asked-questions/ |
| When child support ends | Both parents must support a child under 18. Support continues past 18 if the child is a high school student who is likely to graduate; that duty ends when the child receives a high school diploma or turns 19, whichever happens first. Re-verified 2026-10-27. |
| Changing a child support order | You may petition Family Court to modify a support order if at least 2.5 years have passed since the last order, or if there has been a substantial change in circumstances (such as a job loss or income change, a change in custody or household size, or changes in health insurance); Family Court may accept a petition sooner if the change is significant. DCSS can help file the petition. Mediation is scheduled first; if there is no agreement, a Family Court Commissioner holds a hearing. Support is recalculated with the Delaware Child Support Calculator, and a new order is issued only if the result changes support by 10% or more. |
| If child support isn't paid | DCSS lists these tools: automatic income withholding in all child and medical support orders; suspension of driver's, professional/occupational and recreational licenses for parents who owe $3,500 or more and have paid nothing in 60 or more days, or have an outstanding warrant for failing to appear (after a Notice of Intent and a chance to pay, make a payment agreement or request a hearing within 20 days); passport denial at $3,500 or more owed; interception of lottery winnings ($150 or more owed); state tax refund intercept ($150 or more owed) and federal tax refund intercept ($500 or more, or $150 in TANF/foster care cases); and interception of unemployment benefits. A $25 fee is deducted from lottery and tax intercepts over $100. DCSS can also file an enforcement petition in Family Court; the first one usually goes to mediation. |
| State child support agency | The Delaware Health and Social Services (DHSS) Division of Child Support Services (DCSS) is the state child support agency. Its services include establishing paternity or parentage, enforcing and modifying child support orders, medical support and administrative hearings. Apply for child support and manage a case online through my.delaware.gov; payment options (online, mail and in person) are explained on the DCSS How to Make a Payment page. DCSS Customer Service Unit: (302) 577-7171, Monday through Friday, 8:00 a.m. to 4:00 p.m. Customer service: https://dhss.delaware.gov/dcss/division-of-child-support-services/contact-dcss/ |
| Official child support calculator | The Family Court of the State of Delaware publishes a Child Support Calculator based on the Delaware Child Support Formula (the Melson Formula), offered online, as an automated Excel file and as a manual worksheet, with instructions (Form 509i) in English and Spanish. The formula was revised effective February 1, 2026 (Family Court Civil Rules 500-510) and is a rebuttable presumption: the court adopts its result unless it finds the result contrary to the child's best interest or unfair to the parties. Every support order, including consent orders, must have a support calculation attached. A Family Court mediator uses the formula to calculate support; if parents do not agree, a temporary order may issue and a Commissioner holds a hearing. Instructions: https://courts.delaware.gov/forms/download.aspx?id=109568; overview: https://courts.delaware.gov/family/support/index.aspx |
Separation, annulment, records and marriage
| Annulment | The Family Court grants an annulment when a spouse lacked capacity to consent (mental incapacity, alcohol or drugs), could not consummate the marriage and the other did not know, was underage and did not confirm the marriage after reaching legal age, relied on fraud going to the essence of the marriage, married under duress, married as a jest or dare, or the marriage is prohibited and void or voidable by law. Most grounds must be raised within 90 days after learning of the problem; inability to consummate within 1 year; being underage within 1 year of the marriage. Children of an annulled marriage are legitimate. Re-verified 2026-10-27. Source: 13 Del. C. § 1506 |
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| Changing your name after divorce | On a party's request in a pleading or motion, the Family Court may order that the party resume a maiden or former name. Re-verified 2026-10-27. Source: 13 Del. C. § 1514 |
| Divorce records | Copies of divorce decrees come from the county where the divorce was granted. For divorces from 1976 to the present, contact the Family Court records/divorce unit in Kent County (Dover, 302-672-1000), New Castle County (Wilmington, 302-255-0300) or Sussex County (Georgetown, 302-855-7400). For divorces in 1975 and earlier, contact the Delaware Public Archives in Dover (302-744-5000) for Kent and Sussex counties, or the Superior Court Prothonotary in Wilmington (302-255-0700) for New Castle County. |
Marriage and name changes
| Getting a marriage license | Marriage licenses are issued by the Clerk of the Peace (Marriage Bureau) in each county. Both people must appear together and answer questions under oath on the state application form, which asks for each applicant's Social Security number, birth date, parents' names and previous marriages; a divorced applicant must show a certified copy of the divorce decree (or a court clerk's certificate). If applicants claim Delaware residency but are not known to the clerk, a guarantor may have to vouch for residency. The license must be obtained at least 24 hours before the ceremony and is valid for 30 days; the Clerk of the Peace may shorten the wait or extend validity up to 180 days for good cause. The statute sets the license fee at $10. Re-verified 2026-10-27. |
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| Minimum marriage age | No one under 18 may be granted a marriage license. There are no exceptions for parental consent or court approval; the former consent provisions have been repealed. Re-verified 2026-10-27. Source: 13 Del. C. § 123 |
| Legal name change | An adult files a verified petition with the Court of Common Pleas in the county where he or she lives, giving the current name and the name wanted (name changes in a divorce, a parentage case or for a minor go to Family Court). The former requirement to publish the petition in a newspaper was repealed in 2022. The court may grant the petition if the requirements are met and there is no reason to deny it. The petitioner pays the costs. People under Department of Correction supervision may change their names only on narrow grounds. Re-verified 2026-10-27. |
Adoption, guardianship and paternity
| Adoption requirements | Adoptions are handled by the Family Court, in the county where the placing agency is located or where the petitioner lives. To adopt a child who is not their own, petitioners must be Delaware residents (or have had a child placed with them through an approved placement), must be over 21, and may be a single person, a divorced or legally separated person, a married couple petitioning together, or an unmarried cohabiting couple petitioning together. Except for stepparent, blood-relative and certain guardian adoptions, the child must be placed by the Department or a licensed agency after a preplacement evaluation, must be legally free for adoption, and the placement must be supervised for six months before filing; consent comes from the agency holding parental rights. A child 14 or older must consent unless the court waives it. The court orders a social study and report on the child, the adoptive home and the placement. Re-verified 2026-10-27. |
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| Stepparent adoption | A stepparent does not need an agency placement, and the child does not have to be legally free for adoption before filing. The petition can be filed only after the child has lived in the stepparent's home for at least one year (six months if the Department or a licensed agency recommends it). Consent is required from the birth mother and the biological or presumed father; a father who disclaims paternity may sign an affidavit instead, and in some situations involving unmarried parents the court may dispense with the father's consent after a hearing. A death certificate substitutes for the consent of a parent who has died. A social study report is still prepared, and in stepparent cases it must state that the parent whose rights are ending was told of the right to file an affidavit about release of identifying information. Parts of Chapter 9 are amended effective December 6, 2026, mainly to use gender-neutral parentage terms (for example "individual who gave birth" and "alleged genetic parent"). Re-verified 2026-10-27. |
| Guardianship of a child | Any adult may petition the Family Court for guardianship of a child who is not his or her own; the state child-welfare agency, a licensed agency, the child's attorney or guardian ad litem, or a hospital may also petition if the proposed guardian consents. When a parent still has parental rights, the court must find for each parent either that the parent voluntarily consents (and the reason for the guardianship), or, after a hearing, by a preponderance of the evidence, that the child is dependent, neglected or abused and that guardianship is in the child's best interest. A child 14 or older is asked whether he or she consents. The court also decides what contact the parent will have with the child. Petition rules: https://delcode.delaware.gov/title13/c023/sc02/index.html Re-verified 2026-10-27. Source: 13 Del. C. §§ 2320, 2321, 2330 |
| Guardianship of an adult | The Court of Chancery appoints guardians of the person, property or both for an adult who, because of mental or physical incapacity, cannot properly manage or care for his or her person or property and as a result is in danger of losing property, being exploited or abused, or substantially endangering his or her own health. The court holds a hearing after notice, and the adult is entitled to a lawyer. The court may grant full powers or limited powers that list the areas of decision-making the adult keeps. An interim guardian may be appointed for up to 30 days without a hearing in an emergency. Re-verified 2026-10-27. Source: 12 Del. C. § 3901 |
Where to get help in Delaware
Divorce & Family Law FAQ
How long do you have to live in Delaware to file for divorce?
Either spouse must have actually lived (been domiciled) in Delaware, or been stationed in Delaware as a member of the U.S. armed services, continuously for at least 6 months immediately before the divorce or annulment is filed. File in the county where either spouse lives.
Is Delaware a no-fault divorce state?
Delaware grants a divorce when the marriage is irretrievably broken and reconciliation is improbable. A marriage is irretrievably broken when it is marked by voluntary separation, separation caused by the other spouse's misconduct, separation caused by the other spouse's mental illness, or separation caused by incompatibility. Misconduct includes, for example, adultery, bigamy, desertion, repeated physical or verbal abuse, habitual intemperance, and conviction of a crime punishable by a year or more.
Is there a waiting period for divorce in Delaware?
Spouses generally must have lived separate and apart for at least 6 months before the court rules on the divorce. No separation period is required when the divorce is based on the other spouse's misconduct, but the misconduct must be proven. Spouses can be separated while living in the same home if they use separate bedrooms and do not have sexual relations; brief reconciliation attempts do not restart the clock if they did not share a bedroom or have sexual relations in the 30 days before the hearing.
How much does it cost to file for divorce in Delaware?
Under the Family Court's Schedule of Assessed Costs (effective July 20, 2026), filing a divorce costs $165 plus a $10 court security fee. Each ancillary matter, such as property division, alimony, or a separation agreement, costs $90. Publication through the Family Court Legal Notices website is free.
How do you get an uncontested divorce in Delaware?
A petition is uncontested if the other spouse does not file an Answer within 20 days of being served, or files an Answer agreeing to the divorce. The petitioner can then ask for a decision based only on the papers (with an affidavit, without a court appearance) or for a hearing. If the Answer disputes material facts, the case is contested and set for a hearing.
Is Delaware a community property state?
Delaware uses equitable distribution. On request, the court divides marital property without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills, employability, debts and needs, whether the award is instead of alimony, each spouse's contribution or dissipation (including as a homemaker), and tax consequences. Marital property is all property acquired during the marriage, except property gained by inheritance or by gift meeting certain conditions, property exchanged for pre-marriage property, property excluded by valid agreement, and the increase in value of pre-marriage property. Jointly titled real estate bought before the marriage is marital property unless excluded by agreement.
How is alimony decided in Delaware?
Alimony can be awarded only to a dependent spouse: one who depends on the other for support, lacks enough property (including the marital property award) for reasonable needs, and cannot support themselves through appropriate work or cares for a child whose needs make outside work inappropriate. The amount and length are set without regard to marital misconduct, considering factors such as financial resources, time needed for education or training, the marital standard of living, length of the marriage, age and health, and the payer's ability to pay. Alimony may last no more than 50 percent of the length of the marriage, except there is no time limit for marriages of 20 years or more. A spouse who waived alimony in writing cannot receive it.
How is child custody decided in Delaware?
The Family Court decides legal custody and residential arrangements based on the child's best interests, considering the parents' wishes, the child's wishes, the child's relationships with parents, grandparents, siblings and household members, adjustment to home, school and community, the mental and physical health of everyone involved, each parent's past and present compliance with parental responsibilities, domestic violence, and criminal history. The court may not presume either parent is better qualified because of sex.
How is child support calculated in Delaware?
Delaware uses its own Delaware Child Support Formula, set out in Family Court Civil Rules 500 through 510 and revised effective February 1, 2026. Each parent gets a self-support allowance ($1,600), then a primary support amount for the children is shared by the parents' share of net available income, followed by a standard of living adjustment. The Family Court provides manual and automated (Excel) child support calculators.
Do you have to take a parenting class to divorce in Delaware?
Yes. When there are children of the marriage up to age 17, the court orders the parties to pay for and complete a certified Parenting Education Course of at least 4 hours, unless the court decides on motion that it is not necessary. A party with a history of domestic violence must take a more intensive course. The court will not move forward until all required certificates are filed.
What are the grounds for annulment in Delaware?
The Family Court grants an annulment when a spouse lacked capacity to consent (mental incapacity, alcohol or drugs), could not consummate the marriage and the other did not know, was underage and did not confirm the marriage after reaching legal age, relied on fraud going to the essence of the marriage, married under duress, married as a jest or dare, or the marriage is prohibited and void or voidable by law. Most grounds must be raised within 90 days after learning of the problem; inability to consummate within 1 year; being underage within 1 year of the marriage. Children of an annulled marriage are legitimate.
Do grandparents have visitation rights in Delaware?
A grandparent (or aunt, uncle, adult sibling, or another adult with a substantial and positive prior relationship with the child) may petition for third-party visitation. Before granting it, the court must find visitation is in the child's best interests and, for each parent, that the parent consents, the child is dependent, neglected or abused in that parent's care, the parent has died, or the parent objects but the petitioner proves by clear and convincing evidence that the objection is unreasonable and that visits will not substantially interfere with the parent-child relationship.
How do you change your name back after a divorce in Delaware?
On a party's request in a pleading or motion, the Family Court may order that the party resume a maiden or former name.
At what age does child support end in Delaware?
Both parents must support a child under 18. Support continues past 18 if the child is a high school student who is likely to graduate; that duty ends when the child receives a high school diploma or turns 19, whichever happens first.
How do I file for child support in Delaware?
Apply to the Delaware Division of Child Support Services (DCSS), part of the Department of Health and Social Services, through the online Delaware Child Support Portal. You first create a My.Delaware account, then add the "DCSS App Services" app (new applicants) to apply. DCSS says application fees must be paid by check or money order. DCSS has offices in New Castle, Dover and Georgetown, open weekdays 8:00 a.m.–4:30 p.m.; the automated line is (302) 577-7171.
What happens if you don't pay child support in Delaware?
DCSS lists these tools: automatic income withholding in all child and medical support orders; suspension of driver's, professional/occupational and recreational licenses for parents who owe $3,500 or more and have paid nothing in 60 or more days, or have an outstanding warrant for failing to appear (after a Notice of Intent and a chance to pay, make a payment agreement or request a hearing within 20 days); passport denial at $3,500 or more owed; interception of lottery winnings ($150 or more owed); state tax refund intercept ($150 or more owed) and federal tax refund intercept ($500 or more, or $150 in TANF/foster care cases); and interception of unemployment benefits. A $25 fee is deducted from lottery and tax intercepts over $100. DCSS can also file an enforcement petition in Family Court; the first one usually goes to mediation.
How do you modify child support in Delaware?
You may petition Family Court to modify a support order if at least 2.5 years have passed since the last order, or if there has been a substantial change in circumstances (such as a job loss or income change, a change in custody or household size, or changes in health insurance); Family Court may accept a petition sooner if the change is significant. DCSS can help file the petition. Mediation is scheduled first; if there is no agreement, a Family Court Commissioner holds a hearing. Support is recalculated with the Delaware Child Support Calculator, and a new order is issued only if the result changes support by 10% or more.
How do you get emergency custody in Delaware?
Under Family Court Civil Rule 65.2, Family Court offers emergency or expedited relief only in extraordinary circumstances. For an Emergency Ex Parte Order, you must have filed (or the other party must have filed) a petition, such as for custody, and file a Motion and Affidavit for Emergency Ex Parte Order (Form 650) explaining how immediate and irreparable harm will result if relief is not granted, with a good-faith attempt to mail a copy to the other party. A Hearing Officer reviews it the same or next business day, usually without notice to the other party, and will either issue an ex parte order with a hearing within 15 days, deny it but schedule an emergency hearing, or deny it and send the case through the usual process. Other options are a Motion for Priority Scheduling, a Motion for Interim (Temporary) Relief and a Temporary Visitation Order. Protection-from-abuse cases use a separate form (Form 654).
Are divorce records public in Delaware, and how do I get a copy?
Copies of divorce decrees come from the county where the divorce was granted. For divorces from 1976 to the present, contact the Family Court records/divorce unit in Kent County (Dover, 302-672-1000), New Castle County (Wilmington, 302-255-0300) or Sussex County (Georgetown, 302-855-7400). For divorces in 1975 and earlier, contact the Delaware Public Archives in Dover (302-744-5000) for Kent and Sussex counties, or the Superior Court Prothonotary in Wilmington (302-255-0700) for New Castle County.
How do you get a marriage license in Delaware?
Marriage licenses are issued by the Clerk of the Peace (Marriage Bureau) in each county. Both people must appear together and answer questions under oath on the state application form, which asks for each applicant's Social Security number, birth date, parents' names and previous marriages; a divorced applicant must show a certified copy of the divorce decree (or a court clerk's certificate). If applicants claim Delaware residency but are not known to the clerk, a guarantor may have to vouch for residency. The license must be obtained at least 24 hours before the ceremony and is valid for 30 days; the Clerk of the Peace may shorten the wait or extend validity up to 180 days for good cause. The statute sets the license fee at $10.
What is the legal age to get married in Delaware?
No one under 18 may be granted a marriage license. There are no exceptions for parental consent or court approval; the former consent provisions have been repealed.
What are the requirements to adopt a child in Delaware?
Adoptions are handled by the Family Court, in the county where the placing agency is located or where the petitioner lives. To adopt a child who is not their own, petitioners must be Delaware residents (or have had a child placed with them through an approved placement), must be over 21, and may be a single person, a divorced or legally separated person, a married couple petitioning together, or an unmarried cohabiting couple petitioning together. Except for stepparent, blood-relative and certain guardian adoptions, the child must be placed by the Department or a licensed agency after a preplacement evaluation, must be legally free for adoption, and the placement must be supervised for six months before filing; consent comes from the agency holding parental rights. A child 14 or older must consent unless the court waives it. The court orders a social study and report on the child, the adoptive home and the placement.
How does stepparent adoption work in Delaware?
A stepparent does not need an agency placement, and the child does not have to be legally free for adoption before filing. The petition can be filed only after the child has lived in the stepparent's home for at least one year (six months if the Department or a licensed agency recommends it). Consent is required from the birth mother and the biological or presumed father; a father who disclaims paternity may sign an affidavit instead, and in some situations involving unmarried parents the court may dispense with the father's consent after a hearing. A death certificate substitutes for the consent of a parent who has died. A social study report is still prepared, and in stepparent cases it must state that the parent whose rights are ending was told of the right to file an affidavit about release of identifying information.
How do you get guardianship of a child in Delaware?
Any adult may petition the Family Court for guardianship of a child who is not his or her own; the state child-welfare agency, a licensed agency, the child's attorney or guardian ad litem, or a hospital may also petition if the proposed guardian consents. When a parent still has parental rights, the court must find for each parent either that the parent voluntarily consents (and the reason for the guardianship), or, after a hearing, by a preponderance of the evidence, that the child is dependent, neglected or abused and that guardianship is in the child's best interest. A child 14 or older is asked whether he or she consents. The court also decides what contact the parent will have with the child.
How do you get guardianship of an adult in Delaware?
The Court of Chancery appoints guardians of the person, property or both for an adult who, because of mental or physical incapacity, cannot properly manage or care for his or her person or property and as a result is in danger of losing property, being exploited or abused, or substantially endangering his or her own health. The court holds a hearing after notice, and the adult is entitled to a lawyer. The court may grant full powers or limited powers that list the areas of decision-making the adult keeps. An interim guardian may be appointed for up to 30 days without a hearing in an emergency.
How do you legally change your name in Delaware?
An adult files a verified petition with the Court of Common Pleas in the county where he or she lives, giving the current name and the name wanted (name changes in a divorce, a parentage case or for a minor go to Family Court). The former requirement to publish the petition in a newspaper was repealed in 2022. The court may grant the petition if the requirements are met and there is no reason to deny it. The petitioner pays the costs. People under Department of Correction supervision may change their names only on narrow grounds.
Where can I get divorce papers and forms in Delaware?
Delaware Family Court posts its divorce forms free online. Required forms are the Petition for Divorce/Annulment (Form 442), Information Sheet (Form 240), Vital Statistics Sheet (Form 441, or Form 441SS for a same-sex marriage), Request for Notice (Form 400), and an original or certified copy of the marriage or civil union certificate. Situational forms include the Affidavit of Children's Rights (Form 279) for couples with a child under 18, Affidavit of Unknown Address (Form 241), Stipulation to Incorporate Separation Agreement (Form 443), Request to Proceed without a Hearing (Form 446) and the Ancillary Financial Disclosure Report (Form 465). Forms are in Microsoft Word format.
Who handles child support in Delaware, and how do I contact them?
The Delaware Health and Social Services (DHSS) Division of Child Support Services (DCSS) is the state child support agency. Its services include establishing paternity or parentage, enforcing and modifying child support orders, medical support and administrative hearings. Apply for child support and manage a case online through my.delaware.gov; payment options (online, mail and in person) are explained on the DCSS How to Make a Payment page. DCSS Customer Service Unit: (302) 577-7171, Monday through Friday, 8:00 a.m. to 4:00 p.m.
Is there an official child support calculator in Delaware?
The Family Court of the State of Delaware publishes a Child Support Calculator based on the Delaware Child Support Formula (the Melson Formula), offered online, as an automated Excel file and as a manual worksheet, with instructions (Form 509i) in English and Spanish. The formula was revised effective February 1, 2026 (Family Court Civil Rules 500-510) and is a rebuttable presumption: the court adopts its result unless it finds the result contrary to the child's best interest or unfair to the parties. Every support order, including consent orders, must have a support calculation attached. A Family Court mediator uses the formula to calculate support; if parents do not agree, a temporary order may issue and a Commissioner holds a hearing.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.