Delaware Military Divorce

Military divorces in Delaware follow the same Family Court process as civilian divorces, with a few important additions: modified residency rules for stationed personnel, federal protections for service members, and specific requirements when serving divorce papers on a deployed spouse.

Residency for Military Personnel

Delaware's standard residency requirement is that either spouse must have lived in the state continuously for at least six months before filing. For military members, being stationed in Delaware for six months satisfies this requirement — even if their legal domicile is another state.

This means a service member stationed at Dover Air Force Base, for example, can file for divorce in Delaware Family Court after six months on station, regardless of their home of record.

The non-military spouse can also meet the residency requirement independently. If the civilian spouse has lived in Delaware for six months, they can file here even if the service member is stationed elsewhere.

Servicemembers Civil Relief Act (SCRA) Protections

The SCRA is a federal law that protects active-duty service members from default judgments while they're unable to appear in court due to military service.

What SCRA means for your divorce:

• If your spouse is active-duty military and doesn't respond to the divorce petition within 20 days, the court will not automatically enter a default judgment
• The court may stay (pause) the proceedings for at least 90 days if the service member requests it, and can grant additional stays
• You must file Form 405 (Affidavit of Non-Military Service) at finalization if the respondent hasn't appeared — this certifies whether the non-responding party is in the military
• If the respondent is active-duty, the court may appoint an attorney to represent their interests before entering any default

How to verify military status: The Department of Defense maintains the SCRA website where you can verify whether someone is on active duty. Courts may require documentation from this database.

Serving Divorce Papers on a Military Spouse

Service of process on a military spouse follows the same channels as civilian service — sheriff, special process server (Form 593), or Affidavit of Appearance (Form 406). The location can vary:

Spouse stationed in Delaware: Sheriff or process server can serve them at their duty station or off-base residence.

Spouse stationed outside Delaware: Service can be executed in any state. Some installations have policies about process servers on base — contact the base legal office to confirm the procedure.

Spouse deployed overseas: This is more complex. You may need to coordinate through the military's legal assistance office. Service by publication (Form 241D) may be necessary if direct service is impossible during deployment. The SCRA pause provisions are especially relevant here.

Military-Specific Financial Considerations

Several financial aspects of military divorce differ from civilian cases:

Military pension division: The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to divide military retired pay as marital property. Delaware's equitable distribution rules apply. Dividing a military pension typically requires a court order sent directly to the Defense Finance and Accounting Service (DFAS). The 10/10 rule (10 years of marriage overlapping with 10 years of military service) determines whether DFAS will pay the former spouse directly — but it doesn't affect the court's authority to divide the pension.

Tricare health coverage: A former spouse may retain Tricare coverage under the 20/20/20 rule (20 years of marriage, 20 years of service, 20 years of overlap) or the 20/20/15 rule (with reduced benefits). Otherwise, Tricare eligibility ends upon finalization of the divorce, and transitional coverage options apply.

BAH (Basic Allowance for Housing): During separation, the military member's command may require them to provide financial support to dependents. This is a service-specific regulation, not a court order, and it operates independently of any state-court support award.

Survivor Benefit Plan (SBP): If the service member's pension is divided, the former spouse can request SBP coverage to protect their share of the pension in case the member dies before them. This must be elected within one year of the divorce.

The Separation Requirement Still Applies

Military service doesn't waive Delaware's 6-month separation period. Even if a deployment creates a physical separation, the legal separation clock starts only when both spouses agree the marriage is over and stop living as a married couple — not simply when one is reassigned to a different location.

However, if filing on misconduct grounds (such as adultery), the separation requirement is waived as it would be in any civilian case.

Getting Started

The Delaware Divorce Filing Process Guide covers the full Family Court filing sequence and includes guidance on military-specific requirements — SCRA compliance, Form 405 (Non-Military Service affidavit), and service of process considerations for stationed and deployed spouses.

See more Delaware guides →