Delaware divorce at a glance
Official source: Delaware court forms & self-help. Always confirm current forms and fees with the court before filing.
How to file for divorce in Delaware: step by step
Delaware requires a 6-month separation before the decree, and child support is a separate case. Here is the path to your divorce.
- Confirm you can file in Delaware
One spouse must have been a Delaware resident for 6 months. Delaware is no-fault, but you must be separated for 6 months before the decree (separation can be under the same roof).Source: 13 Del. C. § 1505 - Generate your forms
Use Delaware’s official Divorce Instruction Packet — the Petition for Divorce (Form 442) and supporting forms.Source: Delaware Family Court Divorce Instruction Packet - File with the Family Court
File with the Family Court and pay about $175, or file an Application to Proceed In Forma Pauperis.Source: In Forma Pauperis application - Serve your spouse
Serve your spouse with the petition.Source: Del. Fam. Ct. Civ. R. 4 - Handle child support separately (if children)
In Delaware, child support is a separate petition (using the Melson formula) — not decided inside the divorce case.Source: Delaware Melson child-support calculator - Finalize after the 6-month separation
After the 6-month separation, the court enters the divorce decree.Source: Delaware divorce decree
What does filing “pro se” (without a lawyer) mean in Delaware?
Pro se — also called self-represented — means you handle your own divorce without hiring an attorney. In Delaware you have the right to file your own divorce, and the court publishes the official forms for you to use. The large majority of uncontested divorces, where both spouses agree the marriage is over and can agree on the terms, are handled pro se every day.
Filing pro se is usually a good fit when: you both agree on the divorce, you can agree on splitting property and debts, and any parenting time and support are worked out. It’s worth talking to a lawyer when: you disagree about custody or money, one spouse hides assets or won’t cooperate, there’s a business or significant property to divide, or there has been any abuse.
LawCat prepares your Delaware pro-se divorce documents for free and walks you through every filing step — so doing it yourself never means doing it alone.
How child support is calculated in Delaware
Melson formula (Delaware is one of three Melson states); support is handled by a separate petition, not inside the divorce. (13 Del. C.)
Because Delaware uses an income-shares approach, the exact number comes from an official table based on both parents’ combined income. Use your court’s official child-support calculator for a precise figure.
How long does a Delaware divorce take?
The 6-month separation is the main requirement before the decree can enter. After that, the timeline depends on the court’s calendar and how quickly each step is completed. An uncontested, pro-se divorce is typically the fastest path — most of the wait is the statutory period, not paperwork.
Common reasons Delaware divorce filings get rejected
- Missing signatures, or forms that aren’t notarized where the court requires it.
- Skipping the financial disclosure both spouses are required to exchange.
- Filing before meeting the residency requirement.
- Mistakes serving the other spouse, or forgetting to file the proof of service.
- Not following local county rules. Low. Statewide Family Court forms; child support runs as a separate case.
LawCat’s guided questions and filing checklist are built to prevent exactly these — the errors that send self-represented filers back to the clerk’s window.
Delaware document generation is on the way
LawCat already prepares complete divorce packets free in New York, Massachusetts, and New Jersey, and is expanding to Delaware. In the meantime, the official Delaware court forms are linked below.
Official Delaware forms → See how it worksWhy LawCat is free
Most “online divorce” sites charge $137–$499 for the same public court forms, and some add monthly fees. LawCat gives document preparation away because it is built by a law firm that helps people who later decide they want an attorney. You keep the free documents either way.
Compare divorce filing fees in every state →
Delaware divorce FAQ
Do I need a lawyer to get divorced in Delaware?
No. Delaware allows you to file for divorce yourself (pro se). LawCat prepares your Delaware divorce documents free, and you pay only the court’s filing fee. You can hire an attorney at any point if your case becomes complicated.
How long do I have to live in Delaware to file for divorce?
Check Delaware’s residency requirement with the official court source before filing.
How much does it cost to file for divorce in Delaware?
$165 petition + $10 security fee = ~$175. Fee waiver: Application to Proceed In Forma Pauperis (affidavit). With LawCat your documents are free, so the filing fee is typically your only unavoidable cost — and it can often be waived if you can’t afford it.