Delaware Divorce Forms — Complete Guide (2026)

Delaware Family Court divorce forms are available at: courts.delaware.gov/selfhelp — Family Court self-help section.


Where to Get Delaware Divorce Forms

Delaware Courts Self-Help: courts.delaware.gov/selfhelp — official forms for Family Court.

Family Court Clerk's Office: In-person assistance at Wilmington (New Castle), Dover (Kent), or Georgetown (Sussex) courthouses.

Delaware Legal Help: delawarelegalhelp.org — free legal guidance. Community Legal Aid Society (CLASI): clasi.org


Core Forms — Agreed Divorce

FormPurpose
Petition for DivorceFiled by Petitioner; alleges irreconcilable differences
SummonsServed on Respondent
Acceptance of ServiceRespondent waives formal service
Financial ReportRequired — both parties; income, assets, debts
Separation AgreementAll property, debts, alimony, custody
Final Decree of DivorceJudge's final order
If children: Parenting PlanRequired; comprehensive
If children: Child Support WorksheetDelaware Formula calculation

Financial Report — Required in All Cases

Delaware Family Court requires both parties to complete and file a Financial Report in all divorce cases. It discloses:

  • Monthly income (gross and net from all sources)
  • Monthly living expenses
  • All assets: real property, bank accounts, retirement, vehicles, personal property, business interests
  • All liabilities: mortgage, car loans, credit cards, student loans, other debts

The Financial Report is used to evaluate alimony and equitable distribution — even in fully agreed cases.

Both parties must file their own Financial Report.

Forms: courts.delaware.gov/selfhelp


Separation Agreement — What It Must Cover

Marital Real Property:

  • Full address and legal description
  • Agreed FMV; mortgage balance; marital equity
  • Assignment: who keeps (buyout; refinancing deadline; fallback; Quitclaim Deed → Delaware Recorder of Deeds) or sale (proceeds split; timeline)

Marital Financial Accounts:

  • Institution, type, balance; assignment; transfer

Retirement Accounts:

  • QDRO for employer plans (marital portion from date of marriage to date of separation)
  • IRA: transfer incident to divorce (Decree language; direct rollover)
  • Delaware state employees: Delaware State Pension — stateemployees.delaware.gov — DRO

Vehicles: Assignment; loan assumption; Delaware DMV title transfer

Marital Debts: Creditor, balance, who assumes, indemnification

Separate Property Acknowledgment: Each spouse's separate property listed; confirmed as remaining with that spouse

Alimony: Award with amount, duration, payment terms, and termination events — or explicit waiver

If Children:

  • Legal and physical custody designations
  • Comprehensive Parenting Plan
  • Child support per Delaware Child Support Formula

Delaware Child Support Formula

Delaware uses an income shares model:

  1. Determine both parents' gross monthly income
  2. Apply allowable deductions
  3. Look up combined support obligation in the Delaware schedule
  4. Allocate proportionally by income share
  5. Adjust for health insurance, childcare, and parenting time

Duration: Delaware child support generally continues to age 18 or through high school graduation.


Alimony — Delaware Factors (13 Del. C. § 1512)

Delaware courts consider all relevant factors, including:

  • Duration of the marriage
  • Age, health, station, occupation, amount and source of income, vocational skills, employability
  • Estate and needs of each party
  • Standard of living established during the marriage
  • Whether either party will have custody of minor children
  • Contribution as homemaker
  • Conduct during the marriage (only relevant to alimony, not property division)

Last reviewed: March 2026 | courts.delaware.gov/selfhelp | Financial Report required — both parties | Irreconcilable differences (6+ months) OR 6-month separation | Equitable distribution (13 Del. C. § 1513) | Alimony: 13 Del. C. § 1512 | Delaware Recorder of Deeds for deed recording | delawarelegalhelp.org | clasi.org

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Written by the SoLongSoulmate.com Editorial Team

Researched using official state court websites, state statutes, and legal aid resources. All filing fees and procedures verified March 2026. This is general legal information — not legal advice.

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