How Long Divorce Takes in Delaware

Planning your Delaware divorce timeline requires understanding one critical distinction that sets Delaware apart from most states: there is no statutory waiting period after you file. However, the court cannot grant your divorce until you've been separated for six months—a requirement that shapes every timeline calculation and fundamentally determines when your divorce can become final. Before proceeding, consult our detailed Delaware divorce filing checklist to prepare all required documentation.

This comprehensive guide breaks down the Delaware divorce timeline from filing through final decree, explains the state's unique 6-month separation requirement (including the little-known "under one roof" provision), and provides realistic timelines for both uncontested and contested cases. We'll also cover the critical milestones, mandatory requirements like parenting education, and the factors that can accelerate or delay your case in the Family Court of the State of Delaware.

Understanding Delaware's Unique Timeline: No Waiting Period, But 6-Month Separation

Unlike many states that impose a statutory waiting period after filing (Rhode Island has three months, Maine has 60 days), Delaware has no mandatory waiting period between filing your petition and receiving your divorce decree. You can file for divorce at any time after you separate from your spouse.

However, Delaware law requires that you and your spouse be "separated" for at least six months before the court can grant the divorce. Under 13 Del. C. § 1503, "separation" means living separate and apart for six or more continuous months immediately before the court rules on your petition.

Delaware recognizes only one legal ground for divorce: the marriage is "irretrievably broken" and reconciliation is improbable. The statute characterizes four ways this breakdown occurs: voluntary separation, separation caused by incompatibility, separation caused by the respondent's misconduct, or separation caused by the respondent's mental illness. Incompatibility—defined as marital discord "without regard to the fault of either party"—is the most common characterization used in no-fault divorces.

Critical Distinction: You can file for divorce during the six-month separation period. For example, if you've been separated for three months, you can file immediately—the court just won't grant the final decree until the full six months have elapsed. This means planning your timeline requires knowing your separation date, not your filing date.

What "Separation" Really Means in Delaware (Including Living Under One Roof)

Delaware's definition of "separation" is more flexible than many people realize. While most people assume separation requires living in different homes, Delaware law explicitly allows couples to be "separated" while living under the same roof—if they occupy separate bedrooms and do not have sexual relations during the separation period.

Requirements for Same-Roof Separation

To qualify as separated while living in the same home, you must:

• Sleep in separate bedrooms throughout the entire six-month period
• Not engage in sexual relations with each other during the separation
• Demonstrate that you are living as separate individuals sharing a home, not as a married couple

The 30-Day Pre-Hearing Rule and Reconciliation Attempts

Delaware recognizes that couples sometimes attempt reconciliation during separation. The statute provides that a brief, good-faith reconciliation attempt does not restart the six-month clock—unless the parties shared a bedroom or engaged in sexual relations within 30 days before the final hearing. This 30-day restriction is particularly important if you're proceeding with an uncontested divorce by affidavit (without a hearing), as you must certify in your supporting documents that you have not shared a bedroom or had sexual relations in the 30 days preceding your affidavit.

Exception: No Separation Required for Misconduct Cases

If your divorce is characterized by the respondent's misconduct—such as adultery, physical abuse, desertion, conviction of a crime punishable by one year or more imprisonment, or habitual drug/alcohol abuse—Delaware law waives the six-month separation requirement entirely. In these cases, the divorce can be granted as soon as the court is satisfied the marriage is irretrievably broken, potentially reducing the timeline to just 2–3 months in an uncontested case.

Uncontested Divorce Timeline: 3-4 Months When Separation Is Already Satisfied

An uncontested divorce in Delaware—where both parties agree the marriage is irretrievably broken—typically takes 3 to 4 months from filing to final decree when the six-month separation period is already satisfied at the time of filing. Here's the step-by-step breakdown:

Filing (Day 0)

File your Petition for Divorce/Annulment (Form 442) along with Form 240 (Information Sheet), Form 441 (Vital Statistics Sheet), Form 400 (Request for Notice), and your original or certified marriage certificate with the Family Court in New Castle, Kent, or Sussex County. If you have children under 18, include Form 279 (Affidavit of Children's Rights).

Pay $165 filing fee plus a $10 Court Security Assessment (total: $175). If you're requesting ancillary relief such as property division, alimony, custody, or child support, add $90 per ancillary matter. Delaware does not have traditional eFiling; you can file in person, by mail, or by email to [email protected] under Rule 79.2.

Service (Weeks 1–3)

After filing, the clerk issues a summons, and the respondent must be served. Standard service is by sheriff's personal delivery. Service is typically completed within 1–3 weeks. The respondent has 20 days after service to file an answer under 13 Del. C. § 1511. In uncontested cases, the respondent either does not answer (effectively consenting) or files an answer agreeing to the divorce.

Notice of Trial Readiness (Day 30–60)

Once the case is "trial ready"—meaning service is complete, the six-month separation period has elapsed, and any mandatory parenting education is finished—the court issues a Notice of Trial Readiness. At this point, you have two options:

• Proceed without a hearing: File Form 446 (Request to Proceed Without a Hearing) and Form 447 (Affidavit in Support) within 20 days. Your affidavit must confirm jurisdiction, service, military status, the separation period, and that you have not shared a bedroom or had sexual relations in the past 30 days.
• Attend an uncontested hearing: If you don't file Forms 446/447, the clerk will schedule a brief uncontested hearing where the judge confirms the statutory requirements and grants the decree.

Final Decree (Days 90–120)

If proceeding by affidavit, the court typically enters the decree within a few weeks of receiving your paperwork. If proceeding by hearing, the decree is entered immediately after the hearing or within days. The divorce is final when the decree is entered. Total timeline: approximately 90–120 days (3–4 months) from filing, assuming the six-month separation was already complete when you filed.

Contested Divorce Timeline: 6–12 Months or More

A contested divorce in Delaware—where the respondent disputes material allegations or the parties disagree on property, alimony, custody, or support—typically takes 6 to 12 months or longer, depending on the complexity and level of conflict.

Initial Filing and Answer (Months 1–2)

The process begins the same way: filing the petition, service, and the respondent's answer within 20 days. In contested cases, the respondent's answer disputes grounds, requests specific relief, or raises defenses.

Temporary Orders and Preliminary Injunctions (Months 1–3)

Upon filing and service, an automatic preliminary injunction under § 1509 takes effect, prohibiting both parties from transferring property (except for necessities), removing children from Delaware, harassing each other, or incurring joint debt. Either party can move for temporary orders addressing alimony, child support, custody, exclusive use of the home, or attorney's fees during the pendency of the case.

Mandatory Mediation for Custody/Support (Months 2–4)

Delaware requires mediation as the first step for custody, visitation, and child support disputes, unless there is a domestic violence finding or active protection order. Mediation sessions are typically scheduled within 2–3 months of filing. If mediation fails, the case moves to a judicial hearing.

Discovery and Financial Disclosures (Months 3–6)

For property division and alimony, parties must complete Rule 16(c) Financial Reports (Form 465) and participate in pretrial conferences. Formal discovery (depositions, document requests, interrogatories) requires a motion and court order under Rule 26, except depositions and Requests for Production, which may be served as of right.

Trial and Final Decree (Months 6–12+)

If settlement efforts fail, the court schedules a trial. Trial dates depend on court availability and case complexity. After trial, the judge enters a decree granting or denying the divorce and resolving all properly-pled ancillary matters. The decree is final when entered, and parties may remarry immediately (even if collateral appeals are pending).

Mandatory Requirements and Critical Deadlines

Several mandatory requirements and deadlines can significantly impact your Delaware divorce timeline:

6-Month Residency Requirement

Either spouse must have been domiciled in Delaware for at least six continuous months immediately before filing, as required by 13 Del. C. § 1504. Active-duty military stationed in Delaware for six months also satisfies this requirement.

Parenting Education Requirement

In cases with children under 18, both parties must complete a court-approved 4-hour parenting education course before the case can be deemed "trial ready." A more intensive course is required for parties with a demonstrated history of domestic violence. The court provides a listing of approved classes on its divorce forms page.

Affidavit of Children's Rights

Each party must file Form 279 (Affidavit of Children's Rights) certifying they have read and understand the rights of children during divorce proceedings.

Request Ancillary Relief Before the Decree

Delaware law requires that you request property division, alimony, attorney's fees, custody, support, visitation, or enforcement of a separation agreement before the divorce decree is entered—or you risk waiving those claims forever. After the decree, ancillary matters proceed under Rule 16(c) with mandatory financial disclosures and pretrial procedures.

Calculate Your Delaware Divorce Costs

Understanding the timeline also means planning for costs. Delaware's base filing fee is $175, but ancillary matters add $90 each. Use our free calculator below to estimate your total divorce costs, pre-configured with Delaware's fees and typical attorney rates.

Note: Estimates are for planning purposes. Actual costs vary based on case complexity, attorney hourly rates ($250–$450+), expert fees, mediation costs, and whether you settle or proceed to trial.

Frequently Asked Questions

Can I file for divorce before the 6-month separation is complete?
Yes. Delaware has no waiting period to file. You can file your petition at any time after you separate from your spouse. The court simply cannot grant the final divorce decree until the six-month separation period has elapsed (unless the case is characterized by the respondent's misconduct, which waives the separation requirement).

Do we have to live in separate homes to be "separated" in Delaware?
No. Delaware law allows couples to be separated while living under the same roof, provided you occupy separate bedrooms and do not have sexual relations during the entire six-month separation period. This provision is particularly helpful for couples who cannot afford two residences or who wish to maintain stability for children.

What if we tried to reconcile during the separation?
A brief, good-faith reconciliation attempt does not restart the six-month separation clock, as long as you did not share a bedroom or have sexual relations within 30 days before the final hearing or the date you sign your affidavit for a no-hearing divorce. If you did share a bedroom or have sexual relations in that 30-day window, the separation period may need to be extended.

How do I file my divorce papers in Delaware?
Delaware Family Court does not have traditional eFiling. You can file in person at any Family Court Resource Center, by mail, or by email to [email protected] under Rule 79.2. When filing by email, the clerk will call you to take credit card payment for fees.

When can I remarry after my Delaware divorce?
You can remarry as soon as the divorce decree is entered and becomes final. Delaware law explicitly provides that appeals limited to collateral issues (such as property division) do not delay the finalization of the divorce itself or prevent remarriage.

Conclusion

Planning your Delaware divorce timeline requires understanding the state's unique approach: no mandatory waiting period after filing, but a six-month separation requirement that determines when your divorce can be granted. While this separation period is the primary gating factor, other requirements—parenting education, service procedures, and whether your case is contested or uncontested—all shape the overall timeline.

For uncontested divorces where the six-month separation is already complete, expect a 3- to 4-month process from filing to final decree. Contested cases typically take 6 to 12 months or more, with mandatory mediation for custody disputes and extensive financial disclosure requirements for property and alimony issues. If you're facing a contested divorce, consider exploring strategies to save money on divorce throughout the process.

Ready to estimate the total costs of your Delaware divorce beyond just the timeline? Use our Delaware Divorce Cost Calculator to get a comprehensive breakdown. For more information about Delaware's divorce requirements and procedures, visit the Family Court's official divorce page.

Understanding Delaware's divorce timeline helps you set realistic expectations, make informed decisions about when to file, and plan financially and emotionally for the road ahead. While you cannot control the mandatory six-month separation period, knowing what to expect at each stage empowers you to navigate the process with confidence.