All family & children situations · All Delaware topics
Delaware · Family & children
I am considering divorce
Practical starting guidance, not a complete Delaware legal procedure.
What to do first
Identify what must be resolved now: safety, parenting, housing, access to money, and existing court orders.
Deadlines and urgent risks
Do not confuse a minimum waiting period with a completion date. Filing, service, responses, and temporary orders have separate requirements.
Steps to take
Make a list of agreed and disputed issues. Compare mediation, collaborative work, lawyer negotiation, and court; do not treat negotiation as the default if you feel unsafe or controlled.
Divorce & safety resources
Divorce information in Delaware
Understand the local process
Delaware Family Court: divorce and annulment. Read the court's instructions and choose the appropriate forms.
Check the local court's forms, filing and service requirements, response deadlines, and fee-waiver instructions. A form packet is not individualized legal advice.
Compare divorce paths and service benefits · Find local legal aid
Divorce resource reviewed October 10, 2026. Existing legal-help research dates above are unchanged.
Safety and law enforcement are separate routes
Immediate danger: call 911. 911 information is not an online emergency-response service.
For domestic-violence support: National Domestic Violence Hotline, 800-799-7233, or text START to 88788. Safety-first divorce guidance. Use a safer device if monitoring is a concern.
For a non-emergency law-enforcement contact, WomensLaw's sheriff-department directory lets you choose Delaware. Confirm jurisdiction and the current local number; not every matter belongs to a sheriff. This is a directory, not emergency dispatch or confidential advocacy.
Divorce law details and state comparison
Divorce law details
Delaware: the important distinctions
Reviewed October 11, 2026. General information; exceptions and jurisdiction questions require individual review.
Where you can file
Usually, either spouse needs six continuous months of residence or military stationing.A limited statutory exception covers certain Delaware same-gender marriages when the home jurisdiction does not permit dissolution. Ask about jurisdiction before choosing a court, especially if children or assets are elsewhere.
Delaware Code, Title 13, 1504Grounds & separation
Irretrievable breakdown can be based on voluntary separation or incompatibility.Misconduct and mental illness are other statutory routes. Separation may occur under one roof with separate bedrooms and no sexual relations, subject to reconciliation provisions. Ask what evidence fits your actual ground.
Delaware Code, Title 13, 1503 and 1505Timing: what starts the clock
Generally, six months of separation is needed before the divorce ruling, not before filing.Once jurisdiction and separation requirements permit filing, the case can begin sooner. The misconduct ground has no fixed separation period, but requires proof. Do not confuse this clock with six months of residence.
Delaware Code, Title 13, 1503 and 1507Property & debts
Marital property is divided equitably; jointly titled premarital real estate can be included.That real-estate rule is an important exception to a simple before-marriage checklist. Bring deeds, acquisition records, agreements, and debts to a lawyer before assuming the house stays outside the settlement.
Delaware Code, Title 13, 1513Spousal support
Alimony depends on dependency; a marriage of at least 20 years removes the eligibility time limit.For shorter marriages, eligibility generally cannot exceed half the marriage term. The longer-marriage exception is not a guaranteed lifetime award. Ask about need, earning ability, and the consequences of a waiver.
Delaware Code, Title 13, 1512Parenting & child support
Legal custody and residence are decided in the child's best interests.A joint decision-making label does not specify a daily schedule. Review school continuity, exchanges, travel, support, and safety concerns separately before agreeing to arrangements that look simple on paper.
Delaware Code, Title 13, 722 and 728Agreed & simpler processes
An uncontested petition can be decided on papers or at a hearing.Different filing requirements apply. Uncontested marital status does not itself show agreement about every financial issue. Ask a lawyer to check the requested relief and deadlines before relying on a document-only route.
Delaware Family Court: uncontested proceduresHelp while a case is pending
Preliminary restrictions and requested interim orders can protect finances and family arrangements.Ask about the injunction's effective date and the evidence needed for temporary relief. A plan consultation is not necessarily payment for motion drafting or representation; confirm hearing coverage when asking for help.
Delaware Code, Title 13, 1509Ask your prepaid plan: Is a consultation or agreement review available for these issues? Confirm pre-existing-matter rules, waiting periods, conflicts if both spouses are members, and separate charges for negotiation or court representation. State law is not a promise of plan coverage.
Minimum legal periods are not completion estimates. Do not delay urgent advice or miss a claim deadline while waiting for a benefit.
Compare Delaware with another researched state · Local divorce and safety resources · Prepaid divorce limitations
What may happen next
You may need temporary orders before a final agreement. An agreed process still needs valid documents and court approval where required.
Documents to gather
Existing orders, marriage records, financial statements, debts, housing costs, and parenting arrangements.
Do not enter documents or private case details into this site's search.
Which rules apply?
Statewide law, local court procedure, and federal or agency rules are different checks. Where a local rule matters, use the county and court identified on your documents.
Where prepaid help may fit
Is advice or review included? Does my exact product cover an uncontested divorce, and who handles it?
What it may not cover
Contested representation, negotiations, court appearances, waiting periods, existing matters, and conflicts between covered spouses need separate confirmation.
Ask for the written coverage terms · Compare the actual extra costs
Common questions
Can I buy a plan now for this problem?
Ask about effective dates, waiting periods, and existing-matter exclusions before paying. Do not assume a new subscription covers an issue that has already started.
Does a consultation mean I have a lawyer for the next step?
No. Confirm the scope, who will handle any filing or appearance, responsibility for deadlines, and additional fees. Get a separate engagement if required.