Delaware's rule on how to file for divorce turns on a feature the national template does not capture: At least one party must have resided in Delaware for 6 months immediately before filing. Grounds: No-fault voluntary separation / irretrievable breakdown and fault grounds (adultery, desertion, mistreatment) are available. Property: equitable distribution. Delaware is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable. The controlling authority is Del. Code Ann. tit. 13, §§ 1503 to 1519. Waiting period: No lengthy mandatory cooling-off beyond ordinary Family Court processing; uncontested matters move after service and required waiting for answer. File in Family Court of the State of Delaware in the county of residence.
Key takeaways
- Residency: At least one party must have resided in Delaware for 6 months immediately before filing.
- Grounds: No-fault voluntary separation / irretrievable breakdown and fault grounds (adultery, desertion, mistreatment) are available.
- Property: equitable distribution — Delaware is an equitable-distribution state.
- Waiting period: No lengthy mandatory cooling-off beyond ordinary Family Court processing; uncontested matters move after service and required waiting for answer.
- Filing forum: Family Court of the State of Delaware in the county of residence.
- Primary authority: Del. Code Ann. tit. 13, §§ 1503 to 1519.
Worked example under Delaware law
The illustration below uses only rules already stated for Delaware. It is a research hypothetical, not a prediction of what a court will do.
A spouse wants to file for divorce in Delaware and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in Delaware for 6 months immediately before filing.
- Plead grounds Delaware recognizes: No-fault voluntary separation / irretrievable breakdown and fault grounds (adultery, desertion, mistreatment) are available.
- Expect property division under equitable distribution: Delaware is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
- Plan the timeline: No lengthy mandatory cooling-off beyond ordinary Family Court processing; uncontested matters move after service and required waiting for answer. A petition for divorce is filed in Family Court with a vital-statistics form. Ancillary matters (property, alimony, custody) may be bifurcated. Mediation is common for parenting. The court enters a divorce decree and separate ancillary orders as needed.
Delaware Family Court self-help and Delaware Legal Aid Society assist with uncontested filings.
Residency and where to file
At least one party must have resided in Delaware for 6 months immediately before filing. File in the Family Court of the State of Delaware in the county of residence. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Delaware
No-fault voluntary separation / irretrievable breakdown and fault grounds (adultery, desertion, mistreatment) are available.
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Delaware.
Property division: equitable distribution
Delaware is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
No lengthy mandatory cooling-off beyond ordinary Family Court processing; uncontested matters move after service and required waiting for answer.
The typical Delaware divorce process
A petition for divorce is filed in Family Court with a vital-statistics form. Ancillary matters (property, alimony, custody) may be bifurcated. Mediation is common for parenting. The court enters a divorce decree and separate ancillary orders as needed.
Self-help and when to hire counsel
Delaware Family Court self-help and Delaware Legal Aid Society assist with uncontested filings.
Related Delaware guides
- Child custody and parenting time in Delaware
- Security deposit return in Delaware
- DUI penalties in Delaware
Case law: divorce in Delaware
J. D. P., below, and Cross-Appellee v. F. J. H. (formerly known as F. J. P.), below, and
…ivided upon dissolution of the marriage. Under the Delaware Divorce and Annulment Act (the Act), 13 Del.C. ch. 15, all property acquired by either spouse subsequent to marriage is presumed to be “marital property” and, thus, subject to division by the Family Court upon divorce. A spouse may, however, rebut such presumption by showing that property acquired after marriage fits i…
Practitioners open J. D. P., below, and Cross-Appellee v. F. J. H. (formerly known as F. J. P.), below, and when Delaware divorce turns on the distinction in this sentence: "Under the Delaware Divorce and Annulment Act (the Act), 13 Del.C. ch. 15, all property acquired by either spouse subsequent to marriage is presumed to be “marital property” and, thus, subject to division by the Family Court upon divorce." Do not lift it out of the facts the court was deciding.
A.M. SMITH, Petitioner, v. A. SMITH, Respondent
A.M. SMITH, Petitioner, v. A. SMITH, Respondent, 1983 Del. Fam. Ct. LEXIS 41 (1983)
…as part of a distribution of marital property incident to a divorce proceeding.” 3 Equitable Distribution Reporter No. 4 (October, 1982) p. 37. In this Court’s decision of November 30, 1981, the Court, relying on McCarty, supra, held that, while it could consider the Husband’s military pension in a general way in making allocations of property, it could not specifically allocat…
A.M. SMITH, Petitioner, v. A. SMITH, Respondent is worth reading on Delaware divorce because the court put the point in its own words: "Equitable Distribution Reporter No. 4 (October, 1982) p. 37." Use that passage as the starting point, then read the facts that precede it.
Joseph Cohen v. Sarah Vexiler Cohen
Joseph Cohen v. Sarah Vexiler Cohen, 26 Del. 361 (1912)
…according to the laws of this state constitute a ground for divorce, after which the plaintiff, without being admitted to full citizenship and notwithstanding his foreign allegiance, instituted this action for divorce as a resident of the State of Delaware. The question is therefore presented whether the State of Delaware may divorce foreign subjects domiciled within its border…
Joseph Cohen v. Sarah Vexiler Cohen is worth reading on Delaware divorce because the court put the point in its own words: "according to the laws of this state constitute a ground for divorce, after which the plaintiff, without being admitted to full citizenship and notwithstanding his foreign allegiance, instituted this action for divorce as a resident of the State of Delaware. The question is theref" Use that passage as the starting point, then read the facts that precede it.
Kathryn E. Vinyard v. John C. Vinyard
Kathryn E. Vinyard v. John C. Vinyard, 43 Del. 422 (1946)
…ust be denied. It is the plain intent of the statute that a divorce shall become final and absolute unless, within the interlocutory period, some action is taken which will have *427the effect of holding up the matter. It is also true that the mere issuance of a rule such as this does not have the effect of opening the decree nisi, which will remain in force unless and until re…
Practitioners open Kathryn E. Vinyard v. John C. Vinyard when Delaware divorce turns on the distinction in this sentence: "It is the plain intent of the statute that a divorce shall become final and absolute unless, within the interlocutory period, some action is taken which will have *427the effect of holding up the matter." Do not lift it out of the facts the court was deciding.
HUSBAND B., Petitioner, v. WIFE B., Respondent
HUSBAND B., Petitioner, v. WIFE B., Respondent, 1978 Del. Super. LEXIS 89 (1978)
…ties were married in 1951. The husband filed a petition for divorce on July 15,1975, shortly after the parties separated. The final decree of divorce was entered on April 28, 1978, after the Supreme Court reversed this court’s denial of the petition. The husband is 55 years of age and the wife is 48. He is an attorney employed by a local corporation at an annual salary of about…
Practitioners open HUSBAND B., Petitioner, v. WIFE B., Respondent when Delaware divorce turns on the distinction in this sentence: "The husband filed a petition for divorce on July 15,1975, shortly after the parties separated. The final decree of divorce was entered on April 28, 1978, after the Supreme Court reversed this court’s denial of the petition. The husband is 55 years of age and the wife is 48." Do not lift it out of the facts the court was deciding.
Amanda S. VILLARROEL, Petitioner Below, Appellant, v. Miguel v. VILLARROEL, Respondent Below, Appellee
…respondent-ap-pellee, Miguel V. Villarroel (“Husband”) were divorced pursuant to a decree that was entered in the State of California. The Family Court held that it did not have subject matter jurisdiction to divide marital property in a proceeding that would be ancillary to a foreign divorce decree. We find that the Family Court’s decision was correct, Facts The parties were m…
Amanda S. VILLARROEL, Petitioner Below, Appellant, v. Miguel v. VILLARROEL, Respondent Below, Appellee is worth reading on Delaware divorce because the court put the point in its own words: "Miguel V. Villarroel (“Husband”) were divorced pursuant to a decree that was entered in the State of California. The Family Court held that it did not have subject matter jurisdiction to divide marital property in a proceeding that would be ancillary to a foreign divorce decree." Use that passage as the starting point, then read the facts that precede it.
WIFE W., Plaintiff, v. HUSBAND W., Defendant
WIFE W., Plaintiff, v. HUSBAND W., Defendant, 1973 Del. Super. LEXIS 173 (1973)
OPINION TAYLOR, Judge. Husband and wife have been divorced in this proceeding. Wife now seeks an allowance of husband’s property. An asset of the parties is a certificate for 100 shares of stock of Marble Craft Company, Inc. which is held in the name of the parties “as joint tenants with right of survivor-ship”. This represents the only outstanding stock of the compan…
On divorce, WIFE W., Plaintiff, v. HUSBAND W., Defendant speaks to the Delaware dispute in this passage: "OPINION TAYLOR, Judge. Husband and wife have been divorced in this proceeding. Wife now seeks an allowance of husband’s property. An asset of the parties is a certificate for 100 shares of stock of Marble Craft Company, Inc." The surrounding opinion shows how the court applied that language to the record.
Paul COTTONE, Petitioner, v. Catherine COTTONE, Respondent
Paul COTTONE, Petitioner, v. Catherine COTTONE, Respondent, 1988 Del. Fam. Ct. LEXIS 45 (1988)
…sband) is seeking ancillary relief following the entry of a divorce decree. Respondent (wife) has challenged the authority of this Court to dispose of ancil *626 lary matters without having acquired in personam jurisdiction over her even though service of process was effected upon her by publication and certified mail pursuant to 13 DelC. § 1508(b) and (d) quoted as follows: If…
Practitioners open Paul COTTONE, Petitioner, v. Catherine COTTONE, Respondent when Delaware divorce turns on the distinction in this sentence: "Respondent (wife) has challenged the authority of this Court to dispose of ancil *626 lary matters without having acquired in personam jurisdiction over her even though service of process was effected upon her by publication and certified mail pursuant to 13 DelC." Do not lift it out of the facts the court was deciding.
Frequently asked questions
How long do I have to live in Delaware before filing for divorce?
At least one party must have resided in Delaware for 6 months immediately before filing.
Is Delaware a community-property state?
Delaware follows equitable distribution. Delaware is an equitable-distribution state. Marital property is divided fairly based on statutory factors, not necessarily equally; separate property generally remains with the owning spouse if traceable.
Do I need a lawyer to get divorced in Delaware?
Delaware Family Court self-help and Delaware Legal Aid Society assist with uncontested filings.
What happens to child custody in a Delaware divorce?
Custody and parenting time are decided under Delaware’s best-interests framework. See child custody and parenting time in Delaware.
This guide covers Delaware law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.