Filing for divorce in Delaware means navigating the Family Court system with a choice between two distinct paths: uncontested and contested. Delaware is functionally a no-fault state where the sole legal basis is "irretrievable breakdown" of the marriage. Uncontested divorces typically conclude in 2-3 months for $175-$2,500, while contested cases can extend 8-12 months with costs reaching tens of thousands of dollars. Understanding online versus traditional divorce options can help you choose the best path.
Understanding Delaware Divorce Requirements
Before filing for divorce in Delaware, you must meet the state's residency requirement. Either spouse must have actually resided (domiciled) in Delaware, or been stationed here as active military, for six or more continuous months immediately before filing. Cases are handled by the Family Court of the State of Delaware in New Castle, Kent, or Sussex County.
Delaware requires a six-month separation period before the court can grant a divorce. "Separation" means living separate and apart, though parties can be separated under the same roof if they occupy separate bedrooms and do not have sexual relations. The separation requirement is waived if the divorce is characterized by respondent's misconduct.
Uncontested Divorce in Delaware: The Streamlined Path
An uncontested divorce occurs when the respondent does not answer within 20 days, or answers but agrees the divorce should be granted. Delaware offers a unique option to proceed without a hearing if your case is fully uncontested.
Proceeding Without a Hearing
When your case becomes "trial ready" (separation period satisfied, service complete, parent education done if children involved), the court issues a Notice of Trial Readiness. You then have 20 days to file Form 446 (Request to Proceed Without a Hearing) with Form 447 (Affidavit in Support). This allows the divorce to be granted on papers alone, saving time and court appearances.
Uncontested Divorce Costs and Timeline
- Filing fee: $165 + $10 Court Security Assessment = $175
- Ancillary matter fees: $90 each (property division, alimony, custody, support)
- Certified copy of decree: $4
- Timeline: 60-90 days after separation period is met
Contested Divorce: When Agreement Isn't Possible
When the respondent answers and disputes material allegations, the case becomes contested and is set for hearing. Contested divorces involve discovery, case management, potential mediation, and often trial.
Common Contested Issues
- Property division: Delaware uses equitable distribution, dividing marital property "without regard to marital misconduct"
- Custody and parenting time: Mandatory mediation applies for custody/visitation disputes
- Alimony: Generally capped at 50% of the marriage length (no cap for 20+ year marriages)
- Child support: Calculated using the Delaware Child Support Formula (Melson formula)
Contested Divorce Process
According to Title 13, Chapter 15 of the Delaware Code, contested cases involve Rule 16(c) financial disclosures, pretrial conferences, and possibly mediation. Discovery typically requires a motion and court order, except for depositions and requests for production.
Contested Costs and Timeline
- Attorney fees: $5,000-$15,000+ depending on complexity
- Experts (business valuations, custody evaluators): Several thousand dollars
- Timeline: 8-12 months typical; complex cases may take longer
Delaware Divorce Cost Comparison
| Factor | Uncontested | Contested |
|---|---|---|
| Filing Fees | $175 | $175+ |
| Ancillary Fees | $90 per issue | $90 per issue |
| Attorney Fees | $0-$2,000 | $5,000-$15,000+ |
| Timeline | 2-3 months | 8-12 months |
| Total Cost Range | $175-$2,500 | $10,000-$30,000+ |
Estimate Your Delaware Divorce Costs
Use our calculator to estimate potential costs based on your situation:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Delaware's Automatic Preliminary Injunction
Upon filing (for the petitioner) and service (for the respondent), both parties are automatically enjoined from transferring or concealing property, molesting or disturbing the other, removing children from Delaware, or incurring credit for which the other may be liable. Delaware's statute also specifically protects companion animals from being transferred or altered without consent. Understanding these protections is essential for your Delaware divorce filing checklist.
Factors to Consider When Choosing Your Path
Several factors should guide your decision between uncontested and contested divorce:
- Communication: Can you and your spouse negotiate constructively?
- Asset complexity: Do you have businesses, retirement accounts, or trusts?
- Children: Can you agree on custody and parenting arrangements?
- Separation status: Have you already met the 6-month requirement?
- Timeline: Review the Delaware divorce timeline to plan ahead
Disclaimer
This article provides general information about Delaware divorce laws and is not legal advice. Laws change, and your situation may have unique factors. Consult with a qualified Delaware family law attorney before making decisions about your divorce.
Next Steps for Your Delaware Divorce
Whether you pursue an uncontested or contested divorce, preparation is essential. Delaware Family Court provides forms and instructions through the official divorce forms page. Note that Family Court does not offer eFiling, but you can file by email using the designated mailbox.
Remember to request any ancillary relief (property division, alimony, custody) before the decree is entered, or you risk waiving those claims. The path you choose today will shape your financial future and family relationships.
