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United States · State guide

Divorce inDelaware.

Family law is state law. Here is how it works in Delaware: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for Delaware.

Official source: courts.delaware.gov

¿Prefiere leer en español? Tenemos una guía práctica de separación y divorcio en Estados Unidos. Leer la guía

Property division

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

Residency and waiting period

Court: Family Court

6 months residency; the spouses must have been separated for 6 months before the decree in most cases.

Child support

Melson formula. Delaware courts consider pet well-being.

Retirement accounts

Workplace retirement plans are divided by a Qualified Domestic Relations Order (QDRO) prepared after the decree; IRAs are divided by the decree itself. A former spouse married ten years or more may claim Social Security on the ex's record.

Enforcement

Child support is enforced by Delaware Division of Child Support Services under the federal Title IV-D program: income withholding, tax refund intercepts, license suspension and passport denial for arrears.

Health insurance

Divorce ends a former spouse's eligibility on an employer plan. COBRA continuation is available for up to 36 months at full cost; the ACA marketplace opens a special enrollment period.

Official guidelines and tools

The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.

Common questions

How is property divided in a Delaware divorce?

Equitable distribution state: marital property is divided fairly, which usually means roughly equally but the court can adjust based on statutory factors; separate property stays with the owner.

How do I file for divorce in Delaware?

6 months residency; the spouses must have been separated for 6 months before the decree in most cases. File in the Family Court.

When does child support end in Delaware?

Child support usually ends at 18, or up to 19 if the child is still in high school and expected to graduate. College support is not required unless the parents agree.

Check the official source

What happens to property when unmarried couples separate in Delaware?

Delaware does not allow couples to form a common-law marriage, so unmarried partners who separate are not covered by the state's divorce property-division rules. Property generally belongs to whoever holds title, subject to any written agreement or contract between you.

Check the official source

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

You or your spouse must have lived in Delaware (or been stationed there with the military) for at least 6 months immediately before filing. Divorce is handled by the Family Court of the State of Delaware.

Check the official source

Official help: Family Court of the State of Delaware: Divorce. Rules change, so confirm with a family lawyer in Delaware before you rely on them.

Delaware

Get organized in Delaware

Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organized into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.

See pricingFind a Delaware professional

This page is legal information, not legal advice. It summarizes how the process works in Delaware so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for Delaware; a local lawyer prepares any agreement and advises you before you sign.