Equitable Distribution State

Uncontested Divorce in Delaware

A simple, affordable uncontested divorce in Delaware. SimpleDivorce prepares court-ready forms, handles filing and service on your spouse, and keeps you updated to the final decree.

Filing an Uncontested Divorce in Delaware

The facts that shape a Delaware divorce — confirmed with you during intake.

Where you file

Family Court

Residency requirement

One spouse must have lived in Delaware for at least 6 months before filing.

Court filing fee

$178 typical ($165 to $190) — varies by county, passed through at cost

Waiting period

Delaware requires the spouses to complete a 6-month separation before the divorce can be finalized; this period may already be running when the petition is filed, so filing does not need to wait until the separation is complete.

Grounds

Delaware allows no-fault divorce on the ground that the marriage is irretrievably broken, most commonly shown through a 6-month voluntary separation when both spouses agree.

Typical timeline

Most uncontested cases finalize in about 6 to 7 months after the separation begins, since the 6-month separation period must be complete before the decree is entered.

Serving your spouse

If you're filing jointly, service is not necessary. If you file alone, your spouse must be formally served via: Sheriff, Certified mail, Voluntary Acceptance of Service

Fee waiver

File Form 49 – Application to Proceed In Forma Pauperis if you qualify based on income

Common Delaware Divorce Forms

Form 442 – Petition for Divorce or Annulment
Separation Agreement (if applicable)
Decree of Divorce

SimpleDivorce prepares the exact forms your Delaware court requires — you never track them down yourself.

Frequently Asked Questions

Answers specific to filing in Delaware.

SimpleDivorce prepares the Delaware forms, walks both spouses through signing, files with the court, and can serve the spouse; no courthouse visit is required unless a brief final hearing is needed.

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