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Filing for divorce in Delaware

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Delaware court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
Form 442 Petition for Divorce or Annulment
Form 441 or 441SS Vital Statistics Sheet
Original or certified marriage certificate
Request for Notice, telling the court how your spouse should be served
Form 279 Affidavit of Children's Rights, if you have children under 18
Form 443 Stipulation to Incorporate Separation Agreement, if you want your agreement enforceable
Form 447 Affidavit in Support of Request to Proceed Without a Hearing
Form 420 Servicemembers Civil Relief Act waiver, if your spouse is in the military
Where you fileFamily Court in New Castle, Kent, or Sussex county. There is no county residency rule, so any of the three works.
What it costsAbout $165, plus $25 to $100 per parent for the parent education seminar. Waivable.
The sequence
1. Establish your separation date carefully. It determines when you meet the six-month requirement, and it goes on the petition.
2. Download the free forms and the Divorce Instruction Packet from courts.delaware.gov, then complete Form 442 in full.
3. File the petition with the vital statistics sheet and your marriage certificate, and pay the fee.
4. Serve your spouse using the method you requested. If they cannot be reached, you may need a motion to appoint an attorney for them.
5. If you have children under 18, both parents complete a certified 6 to 8 hour parent education seminar. The court cannot finalize until both certificates are filed.
6. Attend the hearing, or file the request to proceed without one. The decree is final the moment it is entered, with no additional waiting period.
A separation agreement is not a court form. File Form 443 with it if you want the court able to enforce it. Delaware recognizes only irretrievable breakdown as grounds. Confirm current fees with the court.
Court forms

Delaware files a Petition for Divorce (Form 442) in Family Court, along with a Vital Statistics sheet and your marriage certificate. Filing fees run about $165 plus a small court-security fee, waivable for low-income filers. Parents with minor children must complete a parenting class before the divorce is granted.

Delaware Family Court: divorce and annulmentOfficial divorce petition packet (Form 442), forms, and approved parenting-class listings.
State rules and gotchas

You must be separated six months, but you can do it under the same roof Verified Jul 2026

Delaware requires living separate and apart for six months before a no-fault divorce is granted (you can file earlier, but not finalize). The separation can happen in the same house: you just need separate bedrooms and no sexual relations for at least 30 days before the hearing. Fault grounds like abuse or adultery skip the six-month wait.

Source: 13 Del.C. Sections 1505 and 1507. Confirm the current rule with the court before relying on it.

Parents must finish a class before the divorce can be granted Verified Jul 2026

If you have children under 18, both parents are required to complete a certified parenting education course (a 6 to 8 hour program, usually around $50) and file certificates of completion. The court will not finalize the divorce without them, so start early.

Source: 13 Del.C. Section 1507(h). Confirm with the court.

Six months of residency, and separate property usually stays separate Verified Jul 2026

At least one spouse must have lived in Delaware six continuous months before filing. Delaware is an equitable-distribution state using dual classification: property owned before the marriage, gifts, and inheritances generally remain separate unless commingled, while marital property is divided fairly under 11 factors.

Source: 13 Del.C. Sections 1504 and 1513. Confirm with the court.

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