How to File for Divorce in Delaware

Filing for divorce in Delaware without a lawyer is straightforward if you know the exact sequence. Delaware's Family Court handles every divorce statewide — there are no county-level trial courts to sort through — and the court permits self-represented (pro se) litigants to file by email, which eliminates standing in line at a courthouse.

Here is the complete filing process from start to finish.

Confirm You Meet Delaware's Residency Requirement

Either you or your spouse must have lived in Delaware continuously for at least six months before filing. Military personnel stationed in Delaware for six months also qualify.

You file in the Family Court for the county where either spouse currently lives — New Castle (Wilmington), Kent (Dover), or Sussex (Georgetown). If you file in the wrong county, Delaware's unified court system automatically transfers your paperwork to the correct one.

Prepare Your Filing Packet

The initial divorce petition requires these forms, all available as free Word documents from the Delaware Family Court website:

• Petition for Divorce (Form 442) — identifies both parties, states the grounds, and lists what you're requesting (property division, support, custody)
• Information Sheet (Form 240) — names, addresses, SSNs, contact details
• Vital Statistics Sheet (Form 441) — required by the Division of Public Health
• Request for Notice (Form 400) — tells the clerk how to serve your spouse
• Certified marriage certificate — must be an original or certified copy, not a photocopy
• Affidavit of Children's Rights (Form 279) — required only if you have children under 18

File Your Petition and Pay the Fee

You have three filing options: in person at the courthouse Resource Center, by mail, or by email to [email protected]. The email option accepts PDF or Word attachments (no photos of documents, no Google Drive links) up to 25 pages total.

The base filing fee is $175 ($165 civil fee + $10 security assessment). If you request ancillary relief like property division or alimony, add $90 per matter. Email filers pay by credit card over the phone after the clerk calls the number included in the email.

If you cannot afford the fee, file Form 257 (Application to Proceed In Forma Pauperis) with proof of income. If approved, the $175 base fee and sheriff service costs are waived.

Serve Your Spouse

Your spouse must be formally notified of the divorce. You cannot hand them the papers yourself. Three options:

1. Sheriff service — the clerk sends the packet to the county sheriff, who delivers it in person
2. Special process server — file Form 593 to use a court-approved private server (the server must return the Affidavit of Service within 3 days)
3. Affidavit of Appearance (Form 406) — if your spouse is cooperative, they can pick up the petition at the courthouse and sign this form before a notary, waiving formal service

If your spouse cannot be found, file Form 241D and the court publishes a legal notice at no cost on its website.

Wait for the 20-Day Response Window

Your spouse has exactly 20 days after being served to file an Answer (Form 448). Three things can happen:

• No response — you proceed on the default path toward an uncontested divorce
• Agreement — your spouse files Form 448 admitting the allegations and consenting to the divorce
• Contest — your spouse challenges the grounds, jurisdiction, or separation date, which routes the case to a commissioner for trial scheduling

Complete Parent Education (If Children Are Involved)

Both parents must complete an approved 6-to-8-hour parent education program and file their certificates with the court within 180 days of the petition date. If the court doesn't receive both certificates in time, your petition is automatically dismissed.

Children aged 8–16 must also attend a certified children's coping class.

Finalize Your Divorce

Once the 20-day window passes, parent education is complete (if applicable), and the 6-month separation period is satisfied, the court issues a Notice of Trial Readiness. You then have 20 days to choose your finalization method:

On the papers (no hearing): File Form 446 and a notarized Form 447 asking the court to rule without a hearing. Mail copies to your spouse. A commissioner reviews the filings and mails you the Decree of Divorce.

Uncontested hearing: Attend a short hearing. Bring Form 405 (Affidavit of Non-Military Service) if your spouse hasn't responded and isn't in the military.

What the Delaware Divorce Filing Process Guide Covers

The Delaware Divorce Filing Process Guide walks you through every step above with the exact form numbers, filing sequences, fee calculations, and deadline trackers — organized as a chronological checklist rather than a pile of disconnected court forms. It includes worksheets for tracking separation dates, service of process, financial disclosure deadlines, and a risk assessment checklist that tells you when a DIY approach is no longer safe.

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