2026 Guide Delaware

How to File for Divorce in Delaware (2026)

A complete guide to the Delaware divorce process — court filing fees, residency requirements, serving your spouse, and options for uncontested divorce.

$165

Filing fee

$60

Sheriff service

None

Children surcharge

$225+

Est. court total

LegalCostCalculator Editorial Team Data sourced from official government websites · Last reviewed: May 2026

Uncontested Divorce Checklist & Forms Guide

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A complete guide to filing an uncontested divorce without an attorney. Includes a step-by-step state-specific checklist, asset/debt inventory worksheet, and marital settlement agreement outline — everything you need before you walk into the courthouse.

Divorce attorney

$3,000+

This download

$24

You keep

$2,976+

State-specific filing checklist for all 50 states
Asset & debt inventory worksheet — prevents disputes later
Marital settlement agreement outline
Service of process guide — how to legally serve your spouse
Fillable HTML + editable Word (.docx) — fill in browser or Microsoft Word

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Step-by-Step: Filing for Divorce in Delaware

Meet the residency requirements

Before you can file for divorce in Delaware, you or your spouse must have lived in the state for the required residency period (typically 6 months to 1 year). Check your county's specific requirements, as some states also have a county residency requirement.

Decide: contested vs uncontested

An uncontested divorce means you and your spouse agree on all terms — property division, child custody, support, and debt. This is significantly faster and cheaper. A contested divorce involves disagreements that a judge must resolve. For uncontested divorces, online divorce services can handle the paperwork for a few hundred dollars.

Gather financial documents

You will need documentation of all marital assets and debts: tax returns (last 2–3 years), bank and investment account statements, mortgage and loan documents, vehicle titles, retirement account statements, and a list of monthly expenses. Organizing this early prevents delays later.

Obtain and fill out divorce forms

Get the divorce petition (sometimes called "Petition for Dissolution of Marriage") from the Delaware court's website or the courthouse. Fill it out completely — incomplete forms are a common cause of delays. Many Delaware courts have self-help centers that can assist without giving legal advice.

File your petition and pay the fee

File your completed forms with the county court clerk and pay the $165 filing fee.

If you cannot afford the fee, ask the clerk for a fee waiver form (IFP — In Forma Pauperis). Most states waive fees for those below 125–200% of the federal poverty line.

Serve your spouse

After filing, you must formally serve your spouse with a copy of the divorce petition. Delaware options typically include: sheriff service ($60), private process server ($100), or certified mail (in some cases). Keep proof of service — the court requires it. Your spouse then has a set time to respond (usually 20–30 days).

Negotiate your settlement

Work with your spouse (and attorneys if needed) to agree on property division, spousal support, and if applicable, child custody and support. A written marital settlement agreement signed by both parties is filed with the court.

Finalize your divorce

Once all requirements are met and any waiting periods have passed, a judge will review your agreement or hold a final hearing. You'll receive a Final Decree of Divorce — the legal document ending your marriage. Get certified copies ($10 each) for name change, financial account updates, and your records.

Delaware note

Delaware Family Court fees are standardized statewide, making cost estimation straightforward.

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Can't afford the $165 filing fee?

File an In Forma Pauperis (IFP) application along with your petition. Most Delaware courts waive fees for filers whose income is below 125–200% of the federal poverty level. Public benefit recipients (Medicaid, SNAP, SSI) usually qualify automatically.

Uncontested divorce is far cheaper

If both spouses agree on all terms, an uncontested divorce avoids contested hearing fees, multiple attorney hours, and mediation costs. Total court costs can stay under $500 — compared to $5,000–$20,000+ for a contested divorce.

Delaware Divorce — Cost Summary

Filing fee	$165
E-filing fee	Not available
Sheriff service fee	$60
Private process server	~$100
Children surcharge	None
Certified copy fee	$10
Parenting class required	No
Est. court costs total	$225+

Source: Delaware Courts ↗

Uncontested Divorce Checklist & Forms Guide

$24

Divorce attorney

$3,000+

This download

$24

You keep

$2,976+

Buy Now — $24 Bundle deal: $54.99 →

Code SUMMER20 = 20% off at checkout

Frequently Asked Questions

How much does it cost to file for divorce in Delaware?

The Delaware divorce filing fee is $165. Adding sheriff service of process costs $60, bringing the total court costs to approximately $225. Attorney fees are separate and not included in these amounts.

What are the residency requirements for divorce in Delaware?

To file for divorce in Delaware, either you or your spouse must typically have lived in the state for at least 6 months (and in the county where you're filing for at least 90 days), though requirements vary. Check your specific county court's rules or the Delaware court website for the exact residency period, as it affects where and when you can file.

How long does a divorce take in Delaware?

An uncontested divorce in Delaware where both spouses agree on all terms can be finalized in 1–3 months, depending on the court's docket and any required waiting periods. Contested divorces involving disputes over property, child custody, or support typically take 6–18 months or longer. The mandatory waiting period after filing varies by state but is commonly 60–90 days.

Can I file for divorce online in Delaware?

Most Delaware courts allow you to download divorce forms from their website, but filing must be done in person at the courthouse. For uncontested divorces, online document preparation services complete all the paperwork — you then take it to file yourself.

How do I get the divorce filing fee waived in Delaware?

To get the $165 Delaware divorce filing fee waived, submit an In Forma Pauperis (IFP) application at the same time you file your divorce petition. The court waives fees for filers whose income falls below 125–200% of the federal poverty line. If you receive Medicaid, SNAP, SSI, or TANF, you likely qualify automatically. A judge must approve the waiver — the clerk cannot approve it.

Do I need a lawyer to get divorced in Delaware?

You do not legally need a lawyer to file for divorce in Delaware. Uncontested divorces — where both spouses agree on all terms — are routinely handled without attorneys using online services or court self-help forms. A lawyer becomes valuable when there are significant assets to divide, disputed child custody, or one spouse is uncooperative. At minimum, a one-hour attorney consultation ($150–$300) can help you avoid costly mistakes.