Delaware Family Court Divorce
Delaware Family Court Divorce
Unlike most states where divorces go through county-level trial courts, Delaware routes every divorce through a single, specialized court: the Family Court of the State of Delaware. This unified system means the same procedural rules, forms, and timelines apply whether you file in Wilmington, Dover, or Georgetown.
Where to File
The Family Court has locations in all three Delaware counties:
| County | Courthouse | Phone |
|---|---|---|
| New Castle | Leonard L. Williams Justice Center, 500 N. King Street, Wilmington | 302-255-0300 |
| Kent | Kent County Family Courthouse, 400 Court Street, Dover | 302-672-1000 |
| Sussex | Sussex County Family Courthouse, 22 The Circle, Georgetown | 302-855-7400 |
File in the county where either you or your spouse currently lives. If you file in the wrong county, the court transfers your paperwork to the correct location — a convenience of the unified system that county-based states don't offer.
Filing by Email
The Family Court does not offer traditional e-filing through a portal like File & ServeXpress (which the Superior Court and Court of Chancery use). Instead, self-represented litigants can email filings directly to [email protected].
Email filing rules under Standing Order #3 and Rule 79.2:
- Accepted formats: PDF or Word documents only — no images (JPEG, PNG), no photos of documents, no cloud storage links
- Page limit: If your total filing exceeds 25 pages, it must be submitted on paper
- Digital signature format: /s/ Full Legal Name
- Fee payment: Include your phone number in the email; court staff will call you to collect credit card information
Filing isn't complete until the fee is paid.
Key Procedural Rules for Self-Represented Filers
Delaware Family Court has its own Rules of Civil Procedure, separate from the Superior Court's rules. The most important ones for divorce:
20-day response window: After service, the respondent has 20 days to file an Answer (Form 448). This is shorter than the 30-day window in many states.
The 30-day rule: The court cannot grant a divorce if the spouses shared a bedroom or had sexual relations within 30 days of the ruling. This applies regardless of the grounds.
180-day parent education deadline: If children are involved, both parents must complete a court-approved education program and file certificates within 180 days. The court automatically dismisses the petition if this deadline is missed.
Bifurcated process: Delaware frequently enters the divorce decree first, then resolves property division and alimony afterward through the ancillary disclosure process (Form 465). The marriage ends before financial issues are settled.
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What the Court Will and Won't Do
The court will:
- Accept your self-represented filing and process it the same as an attorney-filed case
- Provide free forms on its website
- Offer Resource Centers at each courthouse for basic filing assistance
- Permit "on the papers" finalization without a hearing for uncontested cases
The court will not:
- Give you legal advice (court staff cannot tell you which forms to file or how to resolve disputes)
- Provide strategic guidance on property division, custody, or support
- Accept filings by fax
- Waive the 6-month separation requirement (except on misconduct grounds)
The Self-Help Center
New Castle County's courthouse offers a free 15-minute consultation with a volunteer attorney through its Self-Help Center. This is helpful for specific procedural questions but does not provide ongoing representation or help draft settlement agreements.
How Delaware Compares to Other States
Delaware's unified court system means there's no need to research county-specific procedures, local judge preferences, or varying form requirements. The trade-off is that the Family Court's rules are specific to this court — you can't rely on general civil procedure knowledge from other states or other Delaware courts.
The email filing system is unusual and more accessible than the paid e-filing portals most states use, but the 25-page limit and credit-card-over-the-phone payment method require planning.
Navigating Family Court as a Self-Represented Filer
The Delaware Divorce Filing Process Guide is built specifically for Delaware's Family Court system — form numbers, email filing procedures, county contacts, and the exact sequence of filings from petition through decree. It puts the court's scattered forms into a step-by-step order.
Get Your Free Delaware — Divorce Filing Quick-Start Checklist
Download the Delaware — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.