Divorce in Delaware
Delaware is a no-fault divorce state requiring the couple to have lived separately for at least six months before filing. The state uses equitable distribution for property division and requires at least one spouse to have been a Delaware resident for six months.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
6 months separation required
Filing Fee
$150-$300
Property Division
equitable distribution
Grounds for Divorce
- •Irretrievable breakdown based on separation
Key Facts
- ★Delaware requires 6 months of separation before filing for no-fault divorce
- ★At least one spouse must have been a Delaware resident for 6 months
- ★Property is divided using equitable distribution
- ★Delaware does not allow fault-based divorce
- ★Mediation is encouraged but not mandatory in most cases
Child Custody
Delaware courts use the best interests of the child standard and consider factors including the wishes of the parents and child, the child's relationship with each parent, and any history of domestic violence. Joint custody is frequently awarded.
Alimony / Spousal Support
Delaware courts may award alimony based on the dependent spouse's need and the other spouse's ability to pay. Alimony is typically not awarded for marriages lasting less than 20 years unless there are exceptional circumstances.
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Common questions about divorce in Delaware
Yes. Delaware requires spouses to have lived separately for at least 6 months before filing for divorce. This separation must be continuous, and the parties must have had no reconciliation during that time.
Delaware uses equitable distribution, which means marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to the marriage, the length of the marriage, and each party's economic circumstances.