Delaware Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm 6-month Delaware residency (at least one spouse)
• Confirm grounds: irreconcilable differences (6+ months) OR 6 months separation
• Gather all financial documents: income, bank accounts, investments, real estate, retirement, debts
• Identify Family Court location: New Castle (Wilmington) | Kent (Dover) | Sussex (Georgetown)
• Download forms at courts.delaware.gov/selfhelp

Phase 2 — Financial Inventory

• All real estate: fair market value, mortgage balance, marital vs. separate
• Bank and investment accounts: balances, marital vs. separate
• Retirement accounts: total balance; marital portion (contributions during marriage)
• Vehicles: values and loans
• All debts: creditor, balance, marital vs. separate
• Business interests (if any)
• Monthly income and expense documentation (for Financial Report)

Phase 3 — Complete Financial Reports (Required)

• Both parties complete their own Financial Report (Delaware Family Court form)
• Discloses monthly income, living expenses, all assets, all debts
• Both file with Family Court — mandatory in all Delaware divorces

Phase 4 — Draft the Separation Agreement

• All marital real property addressed (assignment, buyout, sale; Quitclaim Deed → Delaware Recorder of Deeds)
• All marital financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer language
• Vehicles assigned; Delaware DMV title transfer
• All marital debts assigned; indemnification language
• Separate property acknowledged and confirmed
• Alimony: award with terms — or explicit waiver
• If children: legal custody, physical custody, Parenting Plan, child support per Delaware Formula
• Both spouses sign and notarize the Separation Agreement

Phase 5 — Complete Court Forms

Forms: courts.delaware.gov/selfhelp

• Petition for Divorce (Family Court form)
• Summons
• Financial Report (both parties)
• Acceptance of Service (if spouse cooperates)
• Separation Agreement / Property Settlement Agreement
• Proposed Final Decree of Divorce
• If children: Parenting Plan; Child Support Worksheet per Delaware Formula

Phase 6 — File at Delaware Family Court

• File Petition and Financial Reports at Delaware Family Court in your county
• Pay $165 filing fee
• Receive case number
• Serve Respondent (or obtain Acceptance of Service)
• File Return of Service / Acceptance of Service

Phase 7 — No Waiting Period

• No mandatory waiting period in Delaware — proceed immediately
• Schedule hearing with Family Court calendar clerk

Phase 8 — Final Hearing

• Appear at hearing
• Judge reviews Financial Reports, Separation Agreement, Parenting Plan (if applicable)
• Judge enters Final Decree of Divorce
• Obtain certified copies

Phase 9 — Post-Divorce Steps

• Real estate deed: Quitclaim Deed → Delaware Recorder of Deeds in county where property is located
• QDRO for employer retirement plans
• Delaware state employees: State of Delaware Pension (stateemployees.delaware.gov) — DRO
• Vehicles: Delaware DMV
• Name restoration: Delaware DMV → Social Security → accounts
• Beneficiary designations: life insurance, retirement, payable-on-death accounts

Last reviewed: March 2026 | 6-month residency | No waiting period | Irreconcilable differences (6+ months) OR 6-month separation | Family Court — New Castle/Kent/Sussex | $165 fee | Financial Report required — both parties | Parenting Plan required with children | Equitable distribution | Delaware Recorder of Deeds county-level | courts.delaware.gov/selfhelp

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