Am I Eligible to File for Divorce in Delaware? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency — 6 Months

Delaware law (13 Del. C. § 1504): At least one spouse must have lived in Delaware as a domiciliary for at least 6 months immediately before filing.

"Domiciliary" means your true, permanent home — the place you intend to remain indefinitely. A temporary presence in Delaware does not satisfy this requirement.

Which county to file in: File at the Family Court in the county where you (the Petitioner) currently reside. If you live in New Castle County, file in Wilmington. Kent County → Dover. Sussex County → Georgetown.

Grounds for Divorce

No-Fault Pathway 1 — Irreconcilable Differences (6 months)

(13 Del. C. § 1505(a)): The marriage has broken down irretrievably due to irreconcilable differences that have existed for at least 6 months. This is the most commonly used pathway. No physical separation is required.

No-Fault Pathway 2 — Voluntary Separation (6 months)

(13 Del. C. § 1505(b)): The parties have voluntarily lived separate and apart for at least 6 months with no reasonable prospect of reconciliation. Physical separation with mutual understanding that the marriage is over.

Both pathways lead to the same outcome — the court does not prefer one over the other. Most petitioners use the irreconcilable differences pathway.

Fault Grounds (Available But Rarely Used)

Delaware also preserves fault grounds, including:

• Adultery
• Willful desertion for 1 year
• Conviction of a felony
• Bigamy
• Extreme cruelty

Most Delaware divorces are filed no-fault.

No Waiting Period

Delaware has no mandatory waiting period after filing. Once the Petition is filed, the Respondent is served, and all requirements are met, the case can proceed to a final hearing without statutory delay.

Financial Report — Required

Both parties must complete and file a Financial Report in all Delaware divorce cases. This form discloses income, assets, and debts and is used by Family Court to evaluate equitable distribution and alimony.

Forms: courts.delaware.gov/selfhelp

Equitable Distribution

Delaware is an equitable distribution state (13 Del. C. § 1513). The Family Court divides marital property fairly based on statutory factors — not necessarily 50/50.

Marital property: Property acquired by either spouse during the marriage (with exceptions). Separate property: Pre-marital property, gifts to one spouse, inheritances — generally excluded from division.

Eligibility Checklist

• Residency: at least one spouse has been a Delaware domiciliary for 6 months ✅
• Grounds: irreconcilable differences (6+ months) OR 6-month voluntary separation ✅
• Financial Report form located at courts.delaware.gov/selfhelp ✅
• Marital property inventory in progress ✅
• Family Court location identified (New Castle / Kent / Sussex) ✅
• If children: Parenting Plan in progress ✅

Last reviewed: March 2026 | 6-month residency (13 Del. C. § 1504) | No waiting period | Irreconcilable differences OR 6-month separation (13 Del. C. § 1505) | Family Court — all three counties | Financial Report required | Equitable distribution (13 Del. C. § 1513) | courts.delaware.gov/selfhelp

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