How to File for Divorce in Delaware Without a Lawyer (2026)

Delaware handles all divorce cases through its dedicated Family Court — a court that exclusively handles family law matters including divorce. Delaware has three Family Court locations covering all three of its counties.

6-month residency: At least one spouse must have lived in Delaware for 6 months before filing.

No waiting period: Delaware imposes no mandatory waiting period after filing. The divorce can be finalized as soon as the court processes your paperwork.

"Irreconcilable differences" — with a 6-month trigger: Delaware's no-fault ground requires that irreconcilable differences have existed for at least 6 months — OR that the parties have lived separate and apart for at least 6 months. Either pathway satisfies the statutory requirement.

Family Court — dedicated family law court: Delaware's Family Court handles only family matters. All divorce filings go to Family Court regardless of which county you live in.

Financial Report required: Delaware requires both parties to complete and file a Financial Report (not a Financial Statement — Delaware's specific form name) disclosing income, assets, and debts.

Disclaimer: General legal information only. Not legal advice. Consult a licensed Delaware attorney for your specific situation.

Delaware Divorce at a Glance

The Two No-Fault Pathways

Delaware's no-fault divorce statute (13 Del. C. § 1505) offers two ways to satisfy the "irretrievable breakdown" standard:

Pathway 1 — Irreconcilable Differences (6 months)

Allege that irreconcilable differences have existed between the parties for at least 6 months. This is the most common pathway. No separation or physical distance is required — simply a 6-month period of ongoing incompatibility.

Pathway 2 — Voluntary Separation (6 months)

Allege that the parties have voluntarily lived separate and apart for at least 6 months with the mutual understanding that the marriage is over. This pathway requires actual physical separation.

In practice, most Delaware divorces use Pathway 1 (irreconcilable differences), since it does not require the parties to have physically separated.

No Waiting Period — File and Move Forward

Delaware imposes no mandatory waiting period after filing. For agreed cases, the timeline is set by court scheduling — not statutory delays. Well-prepared agreed divorces can often be finalized within 60–90 days of filing.

Family Court — All Three Delaware Counties

Delaware's Family Court has locations in all three counties:

• New Castle County: Wilmington
• Kent County: Dover
• Sussex County: Georgetown

File at the Family Court in the county where you (or your spouse) reside.

Financial Report — Required in All Cases

Delaware Family Court requires both parties to file a Financial Report disclosing income, expenses, assets, and debts. This is Delaware's specific form — do not substitute another state's financial disclosure form.

Forms: courts.delaware.gov/selfhelp — Family Court self-help section.

Step-by-Step Overview

Step 1 — Confirm Residency

At least one spouse must have lived in Delaware for 6 months.

Step 2 — Inventory Marital Property

Delaware uses equitable distribution. Gather all financial documentation.

Step 3 — Draft the Separation Agreement / Property Settlement Agreement

Address all property, debts, alimony, and child-related matters if applicable.

Step 4 — Complete Financial Reports

Both parties complete and file their Financial Reports.

Step 5 — File at Delaware Family Court

File in the county where you reside. Pay $165.

Step 6 — Serve the Respondent

Serve the Petition and Summons — or obtain signed Acceptance of Service.

Step 7 — No Waiting Period

No mandatory delay after service. Proceed to final hearing.

Step 8 — Final Hearing

Judge reviews Financial Reports, Separation Agreement, and Parenting Plan (if applicable). Final Decree of Divorce entered.

Step 9 — Post-Divorce Steps

Record deeds at Delaware Recorder of Deeds (county level). QDRO for retirement plans. Update titles, accounts, beneficiaries.

Last reviewed: March 2026 | 6-month residency | No waiting period | "Irreconcilable differences" (6+ months) OR 6-month separation (13 Del. C. § 1505) | Family Court | $165 fee | Financial Report required | courts.delaware.gov/selfhelp

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