How to File for Divorce in Delaware

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.

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.

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.

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.

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.