Ready to start? Gather your information and download the official Delaware divorce forms today.
Get your divorce papersWhat Divorce Papers needs to be valid in Delaware
- Residency: You or your spouse must have lived in Delaware for at least 6 months before filing.
- Grounds for divorce: Delaware allows no-fault divorce based on irreconcilable differences, or fault grounds like adultery, desertion, or extreme cruelty.
- Complete the required forms: You'll need the Petition for Divorce, Summons, and other documents depending on your situation.
- File with the Family Court in the county where you or your spouse reside.
- Pay the filing fee (see cost section).
- Serve the divorce papers to your spouse, or get their written agreement if it's uncontested.
How to set up a Divorce Papers in Delaware
- Determine if you meet Delaware's residency requirement and choose the grounds for your divorce.
- Obtain the necessary divorce forms from the Delaware Courts website or your local Family Court.
- Fill out the forms carefully, providing detailed information about your marriage, separation, and any children or property.
- File the completed forms with the Family Court and pay the filing fee.
- Serve the papers to your spouse (or have them sign a waiver if they agree to the divorce).
- Attend any required hearings or finalize the divorce through a default judgment if your spouse doesn't respond.
How much it costs
The filing fee for a divorce in Delaware is typically between $170 and $180, but this can vary by county. Additional costs may include fees for serving papers, certified copies, and attorney fees if you hire a lawyer. If you cannot afford the fees, you may apply for a fee waiver.
Before You Begin: Delaware Divorce Papers
Gather these essentials to streamline your divorce filing in Delaware and avoid common delays.
- Confirm you meet Delaware's residency requirement: you or your spouse must have lived in the state for at least 6 months before filing.
- Obtain certified copies of your marriage certificate and any prior divorce decrees if applicable.
- Prepare financial documents: recent tax returns, pay stubs, bank statements, and a list of assets and debts.
- Decide on grounds for divorce: Delaware allows no-fault (irreconcilable differences) or fault-based grounds; no-fault is simpler for uncontested cases.
- Complete the Family Court of Delaware forms: Petition for Divorce, Summons, and Financial Affidavit, available on the court's website or at the courthouse.
- Remember notarization: some forms require notarized signatures; check instructions carefully and have a notary available before filing.
Questions people ask
Do I need a lawyer to file divorce papers in Delaware?
No, you can file for divorce without a lawyer, especially if it's an uncontested divorce. Delaware offers a self-help center and resources to guide you through the process. However, if your case is complex or contested, consulting a lawyer is advisable.
How long does an uncontested divorce take in Delaware?
An uncontested divorce can be finalized in as little as 45 to 60 days after filing, provided all paperwork is complete and the other spouse agrees. If your spouse doesn't respond, it may take longer.
Are there residency requirements for filing divorce papers in Delaware?
Yes, at least one spouse must have been a resident of Delaware for at least 6 months before filing. This is a strict requirement and must be proven with documentation.
What is the difference between a petition and a complaint in Delaware?
In Delaware, the initial document is called a Petition for Divorce, which functions like a complaint in other states. This petition outlines the grounds for divorce and what you are requesting from the court.