Divorce in Delaware
Delaware grants a divorce when the marriage is irretrievably broken, shown by separation that is voluntary or caused by the other spouse's misconduct, mental illness, or incompatibility. The court cannot rule until the spouses have been separated for six months, except in misconduct cases. The state uses equitable distribution for property division and requires at least one spouse to have lived in Delaware for six months before filing.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
6 months separated before ruling
Filing Fee (approximate, varies by county)
$150-$300
Property Division
equitable distribution
Grounds for Divorce
- Irretrievable breakdown (voluntary separation, or separation caused by misconduct, mental illness, or incompatibility)
Key Facts
- You can file once you separate, but the court cannot rule until you have been separated for 6 months (no separation period in misconduct cases); separate bedrooms under one roof can count
- At least one spouse must have been a Delaware resident for 6 months
- Property is divided using equitable distribution
- Irretrievable breakdown is the only basis for divorce, though the other spouse's misconduct can be how the breakdown is shown
Child Custody
Delaware courts use the best interests of the child standard and consider factors including the wishes of the parents and child, the child's relationship with each parent, and any history of domestic violence. Joint custody is frequently awarded.
Alimony / Spousal Support
Delaware courts may award alimony based on the dependent spouse's need and the other spouse's ability to pay. For marriages under 20 years, alimony can last no longer than half the length of the marriage; for marriages of 20 years or more there is no time limit.
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FAQs
Common questions about divorce in Delaware
Not before filing. You can file once you have separated, but the court cannot rule until you have been separated for 6 months, unless the marriage is characterized by the other spouse's misconduct. Living in separate bedrooms under the same roof, without sexual relations, can count as separation.
Delaware uses equitable distribution, which means marital property is divided fairly but not necessarily equally. The court considers factors such as each spouse's contribution to the marriage, the length of the marriage, and each party's economic circumstances.