How to File for Divorce in Delaware Without a Lawyer (2026 Guide)

Overview: Filing for Divorce in Delaware Without a Lawyer

Delaware requires 6 months residency with no waiting period for certain grounds. The state uses equitable distribution and offers simplified procedures for qualifying couples. DIY divorce is achievable for uncontested cases.

Can You File Without a Lawyer in Delaware?

✓ Good Candidates for DIY Divorce:

Both agree to divorce
No minor children or agreement on custody/support
Limited assets and no significant property disputes
No spousal support disputes
6-month voluntary separation completed

⚠ Consider Hiring a Lawyer If:

Child custody disputes
Complex property division
Significant marital assets
Contested grounds
Spouse uncooperative

Find Delaware Divorce Lawyers →

Step-by-Step: How to File for Divorce in Delaware

Step 1

Meet 6-Month Residency

Either spouse must have lived in Delaware for 6 months before filing.

⏱ Estimated Time: N/A

💡 Tips:

Delaware driver's license
Voter registration
Utility bills

Step 2

Complete Petition for Divorce

Fill out Petition for Divorce form.

⏱ Estimated Time: 2-3 hours

💡 Tips:

Filing fee: $150-200
State grounds (irretrievable breakdown or 6-month separation)
Use Delaware court forms

Step 3

File with Family Court

Submit petition to Family Court in your county.

⏱ Estimated Time: 1 day

💡 Tips:

Bring original + copies
Pay filing fee
Get case number

Step 4

Serve Your Spouse

Have spouse served by process server.

⏱ Estimated Time: 1-2 weeks

💡 Tips:

Cannot serve yourself
Process server required
Spouse can accept service

Step 5

Exchange Financial Information

Both parties complete financial affidavits.

⏱ Estimated Time: 2-3 hours

💡 Tips:

Required disclosure
List all assets and debts

Step 6

Draft Property Settlement Agreement

Create comprehensive settlement agreement.

⏱ Estimated Time: 4-6 hours

💡 Tips:

Address all marital property
Include custody provisions if children
Both signatures required

Step 7

Attend Hearing (if required)

Some cases require brief court appearance.

⏱ Estimated Time: 30 minutes

💡 Tips:

Check with court
Simplified cases may not need hearing
Bring all documents

Step 8

Receive Final Decree

Court issues Final Decree of Divorce.

⏱ Estimated Time: 1-2 weeks

💡 Tips:

Request certified copies
Effective immediately

Required Forms for Delaware Divorce

Petition for Divorce (Varies)

Required

📄 Download Form

Financial Affidavit (Varies)

Required

Property Settlement Agreement (Custom)

Required

Note: Always use the most current forms from your state's court website. Forms may be updated periodically.

Cost Breakdown for Delaware DIY Divorce

💰 DIY Divorce

$200-300

Filing fee: $150-200
Service fee: $50-100
Misc costs: $25-$100

👔 With Attorney

$3,000-15,000

Includes attorney fees, court costs, and filing fees for uncontested to contested cases

For detailed cost breakdown including attorney fees and scenarios: View Delaware Divorce Costs →

Common Pitfalls to Avoid

Not meeting 6-month residency

Incomplete separation period for that ground

Missing financial disclosures

Not addressing all property

Frequently Asked Questions About Delaware DIY Divorce

Does Delaware have a waiting period for divorce?

Delaware has no waiting period after filing for divorces based on irretrievable breakdown or 6-month voluntary separation.

Does Delaware offer simplified divorce?

Yes, Delaware offers simplified procedures for couples without children or significant assets who have complete agreement.

Can I file for divorce without a lawyer in Delaware?

Yes, Delaware provides forms and allows self-representation. The Family Court has resources to assist.

Need Professional Help?

While DIY divorce can save money in Delaware, consulting with an attorney can help you understand your rights and avoid costly mistakes.

Find Delaware Divorce Lawyers Questions to Ask a Lawyer