How to File for Divorce in Delaware

Filing for divorce in Delaware without a lawyer is straightforward if you know the exact sequence. Delaware's Family Court handles every divorce statewide — there are no county-level trial courts to sort through — and the court permits self-represented (pro se) litigants to file by email, which eliminates standing in line at a courthouse.

Here is the complete filing process from start to finish.

Confirm You Meet Delaware's Residency Requirement

Either you or your spouse must have actually resided or been domiciled in Delaware continuously for at least six months immediately before filing. Military personnel stationed in Delaware for six months also qualify. If neither party resides in Delaware, a civil-union divorce may be filed when the union was solemnized in Delaware and the home state does not legally recognize or permit dissolution.

You file in the Family Court for the county where either spouse currently resides — New Castle (Wilmington), Kent (Dover), or Sussex (Georgetown). You may submit a Family Court filing at any county Resource Center, and it will be transferred to the proper county.

Prepare Your Filing Packet

The initial divorce petition requires these forms, all available as free forms from the Delaware Family Court website:

• Petition for Divorce/Annulment (Form 442) — identifies both parties, states the grounds, and lists what you're requesting (property division, support, custody)
• Information Sheet (Form 240) — names, addresses, SSNs, contact details
• Vital Statistics Sheet (Form 441) — required by the Division of Public Health
• Request for Notice (Form 400) — tells the clerk how to serve your spouse
• Certified marriage certificate — must be an original or certified copy, not a photocopy
• Affidavit of Children's Rights (Form 279) — required for minor children under 18 born to or adopted by the parties during the marriage

File Your Petition and Pay the Fee

You have three filing options: in person at the courthouse Resource Center, by mail, or by email to FC_DivorceAncillary@delaware.gov. The email option accepts PDF or Word attachments (no photos of documents, no Google Drive links) up to 25 pages total.

The total base court charges are $175 ($165 civil filing fee + $10 security assessment). If you request ancillary relief like property division or alimony, add $90 per matter. Email filers pay by credit card over the phone after the clerk calls the number included in the email.

If you cannot afford the fee, file Form 257 (Affidavit in Support of Application to Proceed In Forma Pauperis) with the required household-finance disclosures. If approved, the $175 base court charges and court-administered service costs are covered; verify any assessed sheriff cost with the court.

Serve Your Spouse

Your spouse must be formally notified of the divorce. You cannot hand them the papers yourself. Three options:

1. Sheriff service — the clerk sends the packet to the county sheriff, who delivers it in person
2. Special process server — file Form 593 to use a court-approved private server (the server must return the Affidavit of Service within 3 days)
3. Affidavit of Appearance in Divorce Action (Form 406) — if your spouse is cooperative, they can pick up the petition at the courthouse and sign this form before a notary, waiving formal service

If your spouse cannot be found, file Form 241D after a diligent search. Family Court legal-notice publication may be free online or may cost money in a newspaper.

Wait for the 20-Day Response Window

Your spouse has exactly 20 days after being served to file an Answer (Form 448). Three things can happen:

• No response — you may proceed on the default path toward finalization, subject to court review
• Agreement — your spouse files Form 448 admitting the allegations and consenting to the divorce
• Contest — your spouse challenges the grounds, jurisdiction, or separation date, which routes the case to a commissioner for trial scheduling

Complete Parent Education (If Children Are Involved)

Both parents must complete an approved 6-to-8-hour parent education program and file their certificates with the court within 180 days of the petition date. If the court doesn't receive both certificates in time, your petition is automatically dismissed.

Children aged 8–16 must also attend a certified children's coping class.

Finalize Your Divorce

Once the 20-day window passes, parent education is complete (if applicable), and the 6-month separation period is satisfied, the court issues a Notice of Trial Readiness. You then have 20 days to choose your finalization method:

On the papers (no hearing): File Form 446 and Form 447, attach the original Notice of Trial Readiness, mail the request package to your spouse, and submit it to the court. Form 447 must be notarized or signed under penalty of perjury. A commissioner reviews the filings and mails you the Decree of Divorce.

Uncontested hearing: Attend a short hearing. Bring Form 405 (Affidavit of Non-Military Service) if your spouse hasn't responded and isn't in the military.

What the Delaware Divorce Filing Process Guide Covers

The Delaware Divorce Filing Process Guide walks you through every step above with the exact form numbers, filing sequences, fee calculations, and deadline trackers — organized as a chronological checklist rather than a pile of disconnected court forms. It includes worksheets for tracking separation dates, service of process, financial disclosure deadlines, and a risk assessment checklist that tells you when a DIY approach is no longer safe.

See more Delaware guides →