How to File for Divorce in Delaware Without a Lawyer (Step-by-Step Guide)

Filing for divorce in Delaware without a lawyer is possible when both spouses agree on major issues. Delaware has no mandatory waiting period for uncontested divorces and a filing fee of approximately $165. This guide explains every step of the DIY divorce process in Delaware.

How to File Divorce in Delaware Without a Lawyer (Step-by-Step Guide)

Who qualifies for a divorce without a lawyer in Delaware?

You may be able to file for divorce without a lawyer in Delaware if both spouses agree on all major issues. Delaware requires that the marriage be “irretrievably broken” — no fault needs to be proven. Delaware also requires a 6-month separation period before the divorce can be granted, though you can file before completing this period.

Both spouses agree on all terms of the divorce
The marriage has been irretrievably broken for at least 6 months
There is no history of domestic violence or coercion
Both spouses are willing to cooperate and sign documents

Delaware residency requirement

At least one spouse must have been a resident of Delaware for a minimum of 6 months before filing for divorce. You must file in the Family Court of the county where either spouse lives. Delaware has three counties — New Castle, Kent, and Sussex.

Delaware divorce separation requirement

Delaware requires that the marriage be irretrievably broken for at least 6 months before a divorce can be granted. You can file the divorce petition before the 6 months are up, but the court will not grant the divorce until the 6-month period is complete. Most couples file immediately and the 6-month clock runs during the court process.

Step-by-step divorce process in Delaware

Step 1 — Download Delaware divorce forms
Delaware divorce forms are available from the Delaware Courts website at courts.delaware.gov. Delaware provides free self-help forms and instructions for uncontested divorce cases.

Step 2 — File at your county Family Court
File your completed Petition for Divorce at the Family Court in your county. The filing fee is approximately $165 in most Delaware counties. New Castle County (Wilmington) handles the highest volume of cases.

Step 3 — Serve your spouse
After filing, your spouse must be formally served with the Petition and Summons. If your spouse agrees to cooperate, they can sign an Acceptance of Service. Otherwise use a process server or the county sheriff. Your spouse has 20 days to respond after being served.

Step 4 — Complete financial disclosure
Delaware requires both spouses to complete financial disclosure documents listing all income, expenses, assets, and debts. Both spouses must also complete a Case Information Statement which is filed with the Family Court.

Step 5 — Attend the divorce hearing
After the 6-month period is complete and all paperwork is in order, the court schedules a brief divorce hearing. For uncontested cases in Delaware, the hearing is typically short. The judge reviews the Settlement Agreement and signs the Divorce Decree.

Required forms for divorce in Delaware

Petition for Divorce
Summons
Acceptance of Service or Proof of Service
Case Information Statement (both spouses)
Property Settlement Agreement signed by both spouses
Divorce Decree
If children are involved: Parenting Plan and Child Support Guidelines Worksheet

All forms are available free at courts.delaware.gov.

How much does a divorce cost in Delaware?

The court filing fee in Delaware is approximately $165 in most counties. For a DIY uncontested divorce, your total cost is typically $165–$350. Attorney fees for an uncontested divorce in Delaware typically range from $1,000 to $3,500. Contested divorces with attorneys can cost $10,000–$25,000 or more.

How long does a divorce take in Delaware?

Due to the 6-month separation requirement, the minimum total time for a divorce in Delaware is approximately 6–8 months. Most uncontested DIY divorces in Delaware are finalized within that timeframe. Contested divorces typically take 12–18 months or longer.

Frequently asked questions — Delaware divorce

Is Delaware a no-fault divorce state?

Yes. Delaware allows no-fault divorce based on the irretrievable breakdown of the marriage. You do not need to prove wrongdoing by either spouse. Delaware also allows fault-based grounds including adultery and desertion, but most couples use the no-fault option.

Is Delaware an equitable distribution state?

Yes. Delaware is an equitable distribution state. Marital property is divided fairly but not necessarily equally, based on factors such as each spouse’s contributions to the marriage, economic circumstances, and the length of the marriage.

Do I need to appear in court for a divorce in Delaware?

For an uncontested divorce in Delaware, at least one spouse typically needs to appear at the final hearing. The hearing is brief — the judge reviews the Settlement Agreement and signs the Divorce Decree.

Can I file for divorce in Delaware without my spouse’s cooperation?

Yes. You can file a contested divorce in Delaware without your spouse’s agreement. Your spouse must be formally served and has 20 days to respond. If they do not respond, you may proceed with a default divorce after the 6-month period.

What if I cannot afford the Delaware divorce filing fee?

If you cannot afford the filing fee, you can apply for a fee waiver by filing an Affidavit of Indigency with the Family Court. If your income qualifies, the court may waive the filing fee entirely.

Divorce guides in other states

Divorce laws vary significantly by state. Select your state below to find the complete guide.

Legal disclaimer

The information on this page is for general educational purposes only and does not constitute legal advice. Divorce laws in Delaware vary by county and individual circumstances. If your divorce involves significant assets, children, or disputes, consider consulting a licensed attorney in Delaware.