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Divorce in Delaware: forms, cost, and how to file

A plain-English overview of getting an uncontested divorce in Delaware — the residency rule, the no-fault ground, the filing fee, and the official forms — from LawCat, a free service built by attorneys.

Official Delaware court forms →

Delaware divorce at a glance

No-fault ground
Marriage irretrievably broken due to incompatibility etc. (13 Del. C. 1505); parties must be SEPARATED 6 MONTHS before the decree (separation may occur under the same roof if not sharing bed/sexual relations). Residency: 6 months. Divorce is bifurcated from…
Filing fee
$165 petition + $10 security fee = ~$175. Fee waiver: Application to Proceed In Forma Pauperis (affidavit).
Child support
MELSON FORMULA (Delaware is one of only 3 Melson states); official online child support calculator on courts.delaware.gov; child support handled by separate petition, not inside the divorce case.
E-filing (self-represented)
No statewide pro se e-filing portal for Family Court divorce; filings by mail/in person, and Family Court has accepted email filing; attorneys use eFlex/File&Serve. Status of pro se electronic…
County differences
Minimal - one statewide Family Court across 3 counties, uniform forms.
Official statewide forms
YES - statewide Family Court forms + official Divorce Instruction Packet: Petition for Divorce/Annulment (Form 442), Information Sheet (Form 240), Vital Statistics Sheet (Form 441/441SS), Request for Notice (Form 400)…

Official source: Delaware court forms & self-help. Always confirm current forms and fees with the court before filing.

Coming soon

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 works

Why 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.

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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.

This page is general information about Delaware’s court process, not legal advice for your situation, and LawCat is not a law firm. Forms and fees change — verify with the official court source above. Reviewed 2026.