Delaware Divorce FAQ — Most Common Questions (2026)

The Basics

Do I need to have lived in Delaware for 6 months before filing? Yes. At least one spouse must have been a Delaware domiciliary for 6 months immediately before filing (13 Del. C. § 1504). Temporary presence doesn't count — it must be your true, permanent home.

Is there a waiting period after I file? No. Delaware has no mandatory waiting period between filing and finalization. Once filed, served, Financial Reports are on file, and all requirements are met, the case can be finalized at the next available hearing.

What are the grounds for divorce in Delaware? Most divorces use one of two no-fault pathways (13 Del. C. § 1505): (1) irreconcilable differences that have existed for at least 6 months, or (2) voluntary separation for at least 6 months. Fault grounds also exist but are rarely used.

Where do I file? Delaware Family Court — in the county where you reside: Wilmington (New Castle County), Dover (Kent County), or Georgetown (Sussex County).

Financial Report

Why must I file a Financial Report if we agree on everything? Delaware Family Court requires a Financial Report from both parties in every divorce — including agreed cases. The court uses it to assess the fairness of property division and alimony arrangements.

Property and Alimony

Is property divided 50/50 in Delaware? No. Delaware is an equitable distribution state (13 Del. C. § 1513). Property is divided fairly based on multiple statutory factors — not automatically 50/50. Results vary significantly based on income disparity, length of marriage, and other factors.

How does alimony work in Delaware? Delaware courts have discretion to award alimony under 13 Del. C. § 1512, considering factors such as the duration of the marriage, each party's income and earning capacity, age and health, standard of living, and conduct during the marriage. Rehabilitative alimony (time-limited support to enable workforce re-entry) is common.

Where do I record a property deed after the divorce? At the Delaware Recorder of Deeds in the county where the property is located — New Castle, Kent, or Sussex.

Children

When does child support end in Delaware? Delaware child support generally continues to age 18 or through high school graduation.

Does Delaware have a parent education requirement? Delaware Family Court may require parent education. Confirm with the specific Family Court location when you file.

Last reviewed: March 2026 | 6-month residency (13 Del. C. § 1504) | No waiting period | Irreconcilable differences (6+ months) OR 6-month separation (13 Del. C. § 1505) | Family Court — three county locations | $165 fee | Financial Report required — all cases | Equitable distribution (13 Del. C. § 1513) | Alimony: 13 Del. C. § 1512 | Delaware Recorder of Deeds | courts.delaware.gov/selfhelp | delawarelegalhelp.org | clasi.org

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