How Long Does a Divorce Take in Delaware

A straightforward, uncontested Delaware divorce typically takes 8–12 months from the date you first separate to receiving the final decree. Contested divorces with disputes over property, custody, or alimony can take 18 months to two years or longer.

Here's what drives the timeline at each stage.

The 6-Month Separation Period

Delaware requires at least six consecutive months of separation before the court will grant a divorce. This is the single biggest chunk of the timeline.

The clock starts on the date you and your spouse stop sharing a bedroom and sexual relations — not on the date you file. You can live under the same roof during this period as long as you occupy separate bedrooms.

You can file the petition before the six months are up. The court simply holds your case until the requirement is met. Filing early lets you get service of process and the 20-day response window running while the separation clock is still ticking.

Exception: If you file on grounds of misconduct (physical abuse, adultery, desertion), the 6-month waiting period is waived entirely. But you must prove the misconduct with admissible evidence at a formal hearing.

Filing to Service: 1–4 Weeks

Once you file the petition and pay the $175 fee, the clerk assigns a case number and issues a summons. Service of process takes:

• Sheriff service: 1–3 weeks depending on the county and how easy your spouse is to locate
• Special process server: Often faster, but you must file Form 593 first
• Affidavit of Appearance (Form 406): Immediate — your spouse signs this voluntarily, waiving formal service

If your spouse is avoiding service or cannot be found, you'll need to file for service by publication, which adds several weeks.

The 20-Day Response Window

After service, your spouse has exactly 20 days to file an Answer (Form 448). If they don't respond, you move forward on the default path. If they agree, the case proceeds as uncontested. If they contest, expect additional months for a commissioner hearing and possible trial.

Parent Education: 1–8 Weeks

If you have children under 18, both parents must complete a 6-to-8-hour parent education program and file certificates with the court within 180 days of the petition. Most approved courses can be completed in a single day or weekend. Enroll early — the court will dismiss your case if both certificates aren't filed in time.

Trial Readiness to Decree: 2–6 Weeks

After the separation requirement is met, the response window has closed, and parent education is complete, the court issues a Notice of Trial Readiness.

You then have 20 days to choose:

• On the papers: File Forms 446 and 447, and the commissioner reviews the case without a hearing. The decree typically arrives by mail within 2–4 weeks.
• Hearing: Schedule an uncontested hearing, which takes 1–3 weeks to get on the calendar.

Realistic Timeline Summary

The 30-Day Rule That Can Reset Your Timeline

Delaware enforces a strict 30-day rule: the court cannot grant the divorce if the spouses have shared a bedroom or had sexual relations within 30 days of the hearing or ruling. A brief reconciliation attempt during the 6-month separation period doesn't restart the clock — but violating the 30-day pre-ruling window does.

Tracking Every Deadline

The Delaware Divorce Filing Process Guide includes a timeline tracker that maps every milestone — separation date, filing, service, response window, parent education, and finalization — so you know exactly where your case stands and what comes next.

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