Delaware divorce at a glance
Confirm with your county before filing — fees and rules can vary.
Filing for divorce in Delaware
Delaware asks for two six-month clocks before a divorce can finalize: six months of residency in the state, and then a continuous six-month separation without cohabitation for the no-fault ground. The petition (Form 442) goes to the Family Court in your county, which handles divorce differently from the general trial courts in most states.
The state is best known in family law for its Melson Formula — a child support calculation used by only two states in the country. Instead of a straight percentage of income, the Melson Formula first reserves a self-support amount for each parent, then divides the remainder by need. It produces noticeably different numbers than a guideline-based state, and courts follow 13 Del. C. § 514 in applying it.
Property is divided equitably, and alimony follows the factors in 13 Del. C. § 1512. Because the Family Court handles everything from the petition to the decree in one place, an uncontested case can stay relatively compact. The filing fee is around $175, and the official forms come from Delaware Courts.