Skip to content

Divorce in Delaware

One spouse must have lived there 6 months before filing.[1] Property is divided by equitable distribution.[1] No-fault divorce is available.[1] Each rule below links to the official text it comes from.

Residency before filing
6 months[1]
Living apart first
6 months

6 months living separate and apart before the ruling (not required where separation was caused by the respondent's misconduct); may be under the same roof in separate bedrooms, for the no-fault ground[1]

Court-roster mediators per 100,000
4.7

49 listed · U.S. 8.3[3]

Key facts: divorce in Delaware

Residency requirement6 months[1] details ↓
No-fault divorceYes[1] details ↓
Property divisionEquitable distribution[1] details ↓
Court mediation for custodyNormally required (Family Court refers)[2] details ↓

Statutes and court rules as checked October 26, 2026. Not legal advice.

What are the divorce laws in Delaware?

Not legal advice. These are plain-English summaries of Delaware’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Delaware.

  1. Waiting period

    Not yet verified

    Start with this official source.

  2. Residency requirement

    6 months

    Either spouse must have lived in Delaware, or been stationed there with the U.S. armed services, continuously for 6 months before the case is filed.[1]

    13 Del. C. § 1504(a) · checked October 26, 2026

    Show statute text
    “actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action.”

  3. No-fault divorce

    Yes, fault grounds also exist

    Delaware grants a divorce when the marriage is irretrievably broken and reconciliation is improbable, shown by voluntary separation, separation caused by misconduct, mental illness, or incompatibility; except for misconduct, the spouses must have lived separate and apart for 6 months.[1]

    13 Del. C. § 1505 and § 1503(8) · checked October 26, 2026

    Show statute text
    “The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable.”
    ““Separation” means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage characterized under § 1505(b)(2) of this title”

  4. Property division

    Equitable distribution

    On either party's request, the court divides marital property equitably, without regard to marital misconduct, in the proportions it considers just after weighing the statutory factors.[1]

    Community property in Delaware: the statute quoted →

    13 Del. C. § 1513(a) · checked October 26, 2026

    Show statute text
    “the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the Court deems just after considering all relevant factors”

  5. Court mediation for custody

    Normally required (Family Court refers)

    After a custody petition is served, the Family Court normally refers the case to mediation; mediation is skipped where there has been a finding of domestic violence or a no-contact order is in effect, unless the victim's attorney asks for it.[2]

    Family Court of the State of Delaware, Custody page · checked October 26, 2026

    Show statute text
    “When positive service has been returned to the Court, the case is normally referred to mediation. If there has been a finding of domestic violence or a no contact order is currently in effect concerning the parties, there will not be a mediation hearing unless the victim’s attorney requests a mediation hearing”

  6. Court mediation fees

    Not yet verified

    Start with this official source.

  7. Filing fee

    Not yet verified

    Start with this official source.

  8. Alimony

    Court decides, within limits

    In Delaware only a dependent spouse can receive alimony, and the Family Court sets the amount and length from ten listed factors, without regard to marital misconduct. Alimony may last no longer than half the length of the marriage unless the marriage lasted 20 years or more.

    Alimony in Delaware, with the statute quoted →

  9. Divorce rate

    2.4 per 1,000 residents (2024)

    Delaware’s courts granted 2.4 divorces per 1,000 residents in 2024, down from 3.9 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 7.5 of every 1,000 women 15 and older in Delaware divorced in the past year (±3.1; U.S. 6.9), a different measure.[4][5]

    Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026

Estimate your divorce cost in Delaware: mediation vs. court →

How child support is calculated in Delaware →

Official help: Divorce (Family Court of the State of Delaware)

Mediators per 100,000: MediationList listings from official court and government rosters in Delaware (49) ÷ population (1,051,917, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[3]

Talk it through with a court-listed mediator in Delaware

A mediator is a neutral who helps you and your spouse reach your own agreement on property, support and parenting time. Every mediator we list comes from an official court or government roster, with the source on the profile.

Get matched — free49 mediators in Delaware

Questions about divorce in Delaware

How long do you have to live in Delaware to file for divorce?

Either spouse must have lived in Delaware, or been stationed there with the U.S. armed services, continuously for 6 months before the case is filed. — 13 Del. C. § 1504(a)[1]

Is Delaware a no-fault divorce state?

Delaware grants a divorce when the marriage is irretrievably broken and reconciliation is improbable, shown by voluntary separation, separation caused by misconduct, mental illness, or incompatibility; except for misconduct, the spouses must have lived separate and apart for 6 months. — 13 Del. C. § 1505 and § 1503(8)[1]

Is Delaware a community property state?

No. On either party's request, the court divides marital property equitably, without regard to marital misconduct, in the proportions it considers just after weighing the statutory factors. — 13 Del. C. § 1513(a)[1]

Is mediation required for custody in Delaware?

After a custody petition is served, the Family Court normally refers the case to mediation; mediation is skipped where there has been a finding of domestic violence or a no-contact order is in effect, unless the victim's attorney asks for it. — Family Court of the State of Delaware, Custody page[2]

More

Compare nearby states

All states on the map →

Mediation in Delaware

Sources

Delaware’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.

  1. 13 Del. C. § 1504(a) (Delaware Code Online)delcode.delaware.govchecked ↩
  2. Family Court of the State of Delaware, Custody page (Delaware Courts)courts.delaware.govchecked ↩
  3. U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)census.govchecked ↩
  4. CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024cdc.govchecked ↩
  5. U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503census.govchecked ↩