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. Check the linked court resources for the self-represented filing paths and forms available where you will file. Local requirements and the issues in your case determine which documents you need.
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 helps you organize your case information and find official court resources. Available generated drafts depend on your state and case path; review the court’s complete checklist before filing.
Child support resources for Delaware
Delaware child support calculator → An itemized estimate from Delaware’s official guideline, figures effective 2026-02-01. The court’s worksheet controls.
Use the current official worksheet and instructions for your case. Income definitions, parenting arrangements, deductions, other obligations and additional expenses can affect the result. A simple percentage of the higher earner’s income does not establish an obligation.
Official court forms and guidance →
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.
Organize your Delaware case
Document tools are in preview and are not released to ordinary users. Accounts, case intake and official court resources are available. No complete generated filing packet is promised.
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’s document preparation is free, with no subscription and no card on file.
Compare divorce filing fees in every state →
Delaware divorce FAQ
Do I need a lawyer to get divorced in Delaware?
No lawyer is required: Delaware courts accept divorce filings from self-represented (pro se) people, and the official court resources linked on this page explain the forms and steps. Many people talk to a lawyer when custody, support or property is disputed. LawCat links the official Delaware forms and lets you organize your case free of charge; it does not give legal advice.
How long do I have to live in Delaware to file for divorce?
One spouse must have been a Delaware resident for 6 months before filing. Confirm the current rule with the official Delaware court source before filing.
How much does it cost to file for divorce in Delaware?
The court filing fee is about $175 ($165 petition + $10 security fee). File an Application to Proceed In Forma Pauperis. LawCat’s available drafts have no document-preparation charge; court costs, service and other expenses are separate.