Delaware Divorce Filing Checklist: 2025 Guide

Filing for divorce in Delaware requires meeting a 6-month residency requirement, living separately for at least 6 months, and navigating the state's unique email filing system. With filing fees starting at $165 and the convenience of submitting documents electronically, Delaware offers a streamlined approach to divorce proceedings through its Family Court system.

Understanding Delaware's 6-Month Residency Requirement

Before filing for divorce in Delaware, at least one spouse must have actually resided (domiciled) in the state for 6 or more continuous months immediately before filing. Under 13 Del. C. § 1504, this residency requirement applies to both traditional residency and military service members stationed in Delaware.

Delaware's Family Court has exclusive jurisdiction over divorce cases. You must file in one of three counties: New Castle (Wilmington), Kent (Dover), or Sussex (Georgetown). File in the county where either spouse resides. For same-gender marriages where neither spouse currently lives in a state allowing them to file, Delaware permits filing in the county where either spouse last resided.

Grounds for Divorce: Irretrievable Breakdown

Delaware is functionally a no-fault divorce state. The court grants a divorce when it finds the marriage is "irretrievably broken" and reconciliation is improbable. Under 13 Del. C. § 1502, Delaware recognizes four ways the breakdown can be characterized:

• Incompatibility: The most common choice—marital discord that destroyed the marriage, without regard to fault
• Voluntary separation: Separation by mutual consent or written agreement
• Separation caused by respondent's misconduct: Adultery, abuse, desertion, or other serious offenses
• Separation caused by respondent's mental illness: Mental incapacity destructive to the marriage

Most couples choose incompatibility as it requires no proof of wrongdoing. However, all grounds except misconduct require that you and your spouse have lived separate and apart for 6 or more months immediately before the court rules on your divorce. You can be "separated" under the same roof if you sleep in separate bedrooms and do not have sexual relations.

Required Forms and Documents

To initiate a divorce in Delaware, you'll need to prepare several forms available through the Family Court's divorce forms page:

• Form 442: Petition for Divorce/Annulment
• Form 240: Information Sheet
• Form 441 (or 441SS): Vital Statistics Sheet (use 441SS for same-sex marriages)
• Form 400: Request for Notice
• Original or certified marriage certificate
• Form 279: Affidavit of Children's Rights (if you have children under 18)

If you're seeking property division, alimony, custody, or other ancillary relief, you must request it in your petition or you risk waiving those claims.

Filing Fees and Costs

As of August 11, 2025, Delaware's Family Court filing fees are:

• Divorce petition filing fee: $165
• Court Security Assessment: $10 (assessed on initial civil filings)
• Ancillary matter fee: $90 per matter (property division, alimony, custody, support, visitation, etc.)

Additional costs include sheriff service fees (varies by county), optional newspaper publication ($75 in New Castle County or $25 in Kent/Sussex), and certified copies of your decree ($4 each). If you cannot afford the filing fee, you can request a fee waiver by demonstrating financial hardship.

Estimate Your Delaware Divorce Costs

Use our calculator to estimate filing fees, ancillary matter costs, and service expenses based on your specific situation. For strategies to minimize divorce expenses, read our article on saving money during divorce.

How to File: Email, Mail, or In-Person

Delaware Family Court offers three filing options, though it does not yet have a general eFiling system:

• Email filing: Send documents to [email protected] (authorized under Rule 79.2). The clerk will call you to take credit card payment. PDF or Word format, maximum 25 pages per email.
• In-person: Visit the Family Court Resource Center in your county (New Castle, Kent, or Sussex)
• Mail: Send documents to the appropriate county Family Court address

Email filing is convenient and allows you to avoid in-person visits while maintaining the same legal effect as traditional filing methods.

Uncontested vs. Contested Divorce Process

Delaware handles divorces on two tracks:

Uncontested divorce (average 90 days): If your spouse does not answer within 20 days or agrees the divorce should be granted, you can proceed without a hearing by filing Forms 446 (Request to Proceed Without a Hearing) and 447 (supporting affidavit) within 20 days of receiving your Notice of Trial Readiness. Alternatively, you can attend a brief uncontested hearing.

Contested divorce (average 365 days): If your spouse disputes material allegations, the case is set for a formal hearing. Ancillary matters involving property, alimony, or support require Rule 16(c) Financial Disclosure Reports and pretrial conferences or mediation.

Automatic Injunction and Temporary Orders

Under 13 Del. C. § 1509, an automatic preliminary injunction takes effect immediately upon filing (for the petitioner) and upon service or appearance (for the respondent). Both parties are prohibited from:

• Transferring, concealing, or disposing of property except for necessities
• Molesting or disturbing the peace of the other party
• Removing any child from Delaware without consent or court order
• Incurring credit for which the other party may be liable (except necessities)

Delaware law also includes unique protection for companion animals, prohibiting either party from transferring, encumbering, concealing, or spaying/neutering a pet without both parties' written consent during the divorce process.

Timeline and Next Steps

For an uncontested divorce in Delaware, here's a typical timeline. For more details on what to expect at each stage, see our article on Delaware divorce timelines:

1. Day 1: File Form 442 and supporting documents, pay $175 ($165 + $10 security fee)
2. Day 7-14: Serve your spouse via sheriff or mail; spouse has 20 days to respond
3. Day 40-90: Receive Notice of Trial Readiness; file Forms 446/447 to proceed without hearing
4. Day 90-120: Court reviews paperwork and enters divorce decree (if uncontested)

If you have minor children, both parties must complete a mandatory 4-hour Parenting Education Course. The decree is final when entered, and certified copies cost $4 each from the Family Court Records Department.