Delaware DIY Divorce: Forms, Fees & Mediation

Delaware's Family Court does not offer a statewide electronic filing system, but self-represented spouses can still complete an entire divorce without hiring an attorney. The court publishes every required form online, filings can be submitted in person, by mail, or by email under Family Court Civil Rule 79.2, and mediation is already built into the process for parenting and support disputes. For the state's residency rules and full filing sequence, see our Delaware divorce filing checklist. Here is what you need to handle your Delaware DIY divorce on your own.

Where to Get Free Self-Help Forms

Delaware Family Court's divorce forms are free to download from the court's Divorce Forms page. The core filing bundle most DIY filers need includes:

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

You will also need an original or certified copy of your marriage certificate. Delaware's residency rule applies to DIY filers too: either spouse must have been domiciled in Delaware, or stationed here on active military duty, for at least 6 continuous months before filing under 13 Del. C. § 1504. The court also requires 6 months of separation before it can grant the divorce, unless the case is characterized by the respondent's misconduct.

Filing Fees and How to File Without eFiling

Family Court charges a flat set of court fees, published on the Schedule of Assessed Costs:

• $165 divorce petition filing fee
• $10 Court Security Assessment, for a total of $175 in base court fees
• $90 per ancillary matter you request (property division, alimony, custody, support, or visitation)

Delaware Family Court does not have a general eFiling system. Self-represented filers can submit paperwork in person at a county Resource Center, by mail, or by email to [email protected] under Family Court Civil Rule 79.2. Emailed filings must be PDF or Word documents under 25 pages; the clerk calls you to take payment by credit card once your petition is received. Ask the clerk about a fee waiver if the cost is a hardship.

Mandatory Mediation for Custody, Support & Visitation

Delaware's Family Court mediation program is required for custody, visitation, child support, and guardianship issues before a judge will hear them — it is not required to grant the divorce itself. Mediation conferences are skipped when a court has found domestic violence or a no-contact order is in place, unless the protected party's attorney requests it. For property division and alimony, the court instead uses mandatory Rule 16(c) financial disclosures and a pretrial conference; parties may also hire a private certified family law mediator to help settle those issues.

The No-Hearing Track: Delaware's Fastest DIY Path

When both spouses agree, Delaware lets you skip the courtroom entirely:

1. File your petition and pay the fee (or submit by email). An automatic injunction protecting property, joint debts, and any children immediately takes effect.
2. Arrange service through the sheriff. The respondent then has 20 days to answer; if they do not contest the divorce, the case proceeds as uncontested.
3. Complete Parenting Education if you have children under 18 — a certified 4-hour minimum class is required before the case is considered “trial ready.”
4. Wait for the Notice of Trial Readiness, issued once service, the 6-month separation period, and any parenting class are complete.
5. File Form 446 (Request to Proceed Without a Hearing) and Form 447 (Affidavit in Support) within 20 days of that notice to skip the hearing entirely. If you miss this window, the clerk schedules a brief uncontested hearing instead.

For an uncontested case where the separation period is already satisfied at filing, a decree commonly enters 60–120 days after filing, depending on service speed and court scheduling. For a stage-by-stage breakdown, see our Delaware divorce timeline guide, and for how contested cases differ, see our Delaware uncontested vs. contested divorce guide.

When to Consider Hiring an Attorney

DIY divorce works best in Delaware when both spouses cooperate and the case can stay on the no-hearing track. Consider hiring a family law attorney if your case involves:

• A business interest, retirement accounts, or complex real estate that need valuation or a qualified domestic relations order
• Contested custody or parenting-time disputes
• Domestic violence or safety concerns
• Disagreement over marital versus separate property, including trust interests or companion animals under Delaware's equitable distribution statute

Many Delaware attorneys offer limited-scope help — reviewing your petition and any separation agreement before you file — for a flat fee that costs far less than full representation while still catching costly mistakes.