Delaware Divorce Without Children (2026)

With no minor children, a Delaware agreed divorce is straightforward — focused on property, debts, and alimony — with no Parenting Plan requirement.

Overview

The Agreed Divorce Process (No Children)

1. Confirm 6-month Delaware domicile (at least one spouse)
2. Inventory all marital and separate property
3. Both parties complete Financial Reports (required)
4. Draft and finalize the Separation Agreement; both sign and notarize
5. Download forms at courts.delaware.gov/selfhelp
6. File Petition and Financial Reports at Family Court in your county; pay $165
7. Serve Respondent — or obtain Acceptance of Service
8. No waiting period — schedule final hearing immediately
9. Attend hearing; judge reviews Financial Reports and Separation Agreement; Final Decree entered

Separation Agreement — What to Cover (No Children)

Marital Real Property

For each property:

• Legal description; agreed FMV; mortgage balance; marital equity
• Assignment: one keeps (buyout; refinancing deadline; fallback; Quitclaim Deed → 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 marriage to separation)
• IRA: transfer incident to divorce
• Delaware state employees: Delaware State Pension DRO — stateemployees.delaware.gov

Vehicles

• Assignment; loan assumption; Delaware DMV title transfer

Marital Debts

• Creditor, balance, who assumes, indemnification

Alimony

Award — or explicit waiver: "Each party waives any and all claims for alimony, now and forever."

Separate Property Acknowledgment

State each spouse's separate property explicitly; confirm it remains with that spouse.

Financial Report Still Required (No Children)

Even with no children and no alimony dispute, both parties must file Financial Reports — mandatory in all Delaware divorce cases. Filing without Financial Reports will cause the case to be rejected or delayed.

Post-Divorce Steps (No Children)

• Record Quitclaim Deed at Delaware Recorder of Deeds in the property's county
• QDRO for employer retirement plans
• Update vehicle titles with Delaware DMV
• Restore name: Delaware DMV → Social Security Administration → bank accounts
• Update beneficiary designations on all accounts and insurance policies

Last reviewed: March 2026 | 6-month residency | No waiting period | No parent requirement (no children) | Financial Report required — all cases | $165 fee | Family Court — three county locations | Equitable distribution | Delaware Recorder of Deeds | courts.delaware.gov/selfhelp | delawarelegalhelp.org

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