Delaware Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file an individual Petition for Divorce at Delaware Family Court. Serve the Respondent and proceed to default if no Answer is filed.

Individual Petition — Overview

1. File Petition for Divorce at Family Court in your county
2. Complete and file your Financial Report (required)
3. Serve the Respondent
4. Respondent has 20 days to file an Answer
5. If no Answer: file Motion for Default; proceed to default hearing
6. If Respondent answers and contests: discovery, hearings, potential trial

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service. Fastest and cheapest option — no sheriff or process server required.

Option 2 — Sheriff's Service

Service by the county sheriff. Cost: ~$30–$60. Return of Service filed with Family Court.

Option 3 — Process Server

Private process servers licensed in Delaware. Cost: ~$50–$125.

Option 4 — Certified Mail

In some cases, Delaware Family Court may permit service by certified mail. Confirm current procedures with the Family Court clerk.

Option 5 — Publication

If you cannot locate your spouse after diligent effort:

1. File Motion for Service by Publication with Affidavit of Due Diligence
2. Family Court grants permission
3. Publish in a Delaware newspaper
4. File Affidavit of Publication

After Service — 20-Day Response Deadline

The Respondent has 20 days after personal service to file an Answer. If no Answer is filed, file a Motion for Default.

Default Process

1. File Motion for Default after 20-day deadline passes
2. Default entered against Respondent
3. No waiting period in Delaware
4. Proceed to default hearing
5. Present Financial Report and testimony: grounds (irreconcilable differences, 6+ months); marital property evidence
6. Judge enters Final Decree of Divorce by default
7. Court equitably divides marital property based on your Financial Report and presented evidence

Temporary Orders

During the case, file a Motion for Temporary Orders for:

• Temporary alimony (pendente lite support)
• Exclusive possession of the marital home
• Temporary custody and child support (if children)
• Restraining order against dissipation of marital assets

Last reviewed: March 2026 | Individual Petition + service | 20-day response deadline | Default after no Answer | Financial Report required | No waiting period | Equitable distribution | Temporary orders available | Family Court — all three counties | courts.delaware.gov/selfhelp | delawarelegalhelp.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.