How to file for divorce in Delaware — without a lawyer
Delaware lets you handle your own divorce, and for uncontested cases it's very doable: file in the Family Court, use the state's no-fault ground — irretrievable breakdown (6-month separation) — follow the steps below, and use the official Delaware forms. This page gives you the real requirements, with links to the official sources to verify each one.
Delaware divorce: the key facts
Residency note: 6 consecutive months residency; military stationed 6+ months qualify.
Verify with the official source: Delaware court self-help ↗Official forms ↗Find your court ↗
The 6 steps, start to finish
- 1
Confirm you can file in Delaware
At least one spouse generally must have lived in Delaware for 180 days (about 6 months) before filing. If you qualify, you'll file in the Family Court — usually in the county where you or your spouse lives.
- 2
Get the official forms
Delaware's own forms are free. You'll typically need the petition (Petition for Divorce/Annulment (Family Court)), a financial disclosure (Rule 52(d) Financial Report), and with children, the support worksheet (Delaware Child Support Formula worksheet). CaseForward's guided interview fills in the decisions those forms ask you to make.
- 3
Complete your paperwork carefully
Incomplete or inconsistent paperwork is the #1 reason self-filed divorces get bounced. Work through each form slowly; if you and your spouse agree on everything, prepare a settlement agreement and a parenting plan to attach.
- 4
File with the court (~$165–$175)
The typical court filing fee is about $165–$175 (it varies by county). If you can't afford it, you can ask the court for a fee waiver. Many Delaware courts accept electronic filing through none (paper filing).
- 5
Serve your spouse
Your spouse must formally receive the papers — usually by sheriff, private process server, or (in agreed cases) a signed waiver/acceptance of service. Keep the proof of service; the court needs it.
- 6
Wait, then finalize
Delaware has a 180-day waiting period, so even a fully agreed case can't be finalized before then. In an uncontested case the judge reviews your paperwork (sometimes with a short hearing) and signs the final decree.
Do the paperwork with a guide, not from scratch
CaseForward walks you through every decision, generates your court-ready Delaware documents, and shows you full previews free. One price — $99 for the complete DIY packet, or $29 for a single document. No subscription.
Child support in Delaware: Melson Formula
A more detailed income-shares variant that first reserves each parent a self-support amount, then allocates the child's primary needs plus a share of the parents' improved standard of living. Used by Delaware, Hawaii, and Montana.
Delaware divorce FAQ
Do I need a lawyer to get divorced in Delaware?
No. Every state, including Delaware, lets you represent yourself in a divorce (called appearing "pro se"). Self-representation works best for uncontested cases where you and your spouse agree on the terms. If your case involves abuse, hidden assets, or a real dispute over the children, talk to a licensed Delaware attorney — many offer free consultations, and you may qualify for legal aid.
How long do I have to live in Delaware before I can file for divorce?
At least one spouse generally must have lived in Delaware for 180 days (about 6 months) before filing. Always verify the current rule with the court's own self-help resources before filing.
How long does an uncontested divorce take in Delaware?
Delaware has a 180-day waiting period, so even a fully agreed case can't be finalized before then. Uncontested cases with complete, correctly-filled paperwork are consistently the fastest.
How much does it cost to file for divorce in Delaware?
The typical court filing fee is about $165–$175 (it varies by county). If you can't afford it, you can ask the court for a fee waiver. Beyond the court fee, doing the paperwork yourself is the biggest saver: preparing your own documents (free preview, $99 for the complete court-ready packet on CaseForward) instead of paying a few thousand dollars in attorney fees.
What are the grounds for divorce in Delaware?
Delaware accepts a no-fault ground — irretrievable breakdown (6-month separation). Fault-based grounds also exist, but most self-represented filers use the no-fault ground because it's simpler and doesn't require proving misconduct. Note: a separation period of about 180 days applies in some circumstances.
How is child support calculated in Delaware?
Delaware uses the Melson Formula model. A more detailed income-shares variant that first reserves each parent a self-support amount, then allocates the child's primary needs plus a share of the parents' improved standard of living. Used by Delaware, Hawaii, and Montana. You can run your numbers with CaseForward's free Delaware child-support estimator, then confirm with the state's official worksheet.
Helpful Delaware links & guides
Free: The Uncontested Divorce Filing Checklist
The whole path on two printable pages — what to gather, decide, prepare, and file. We'll email it to you, plus a short series of practical tips (unsubscribe anytime).
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