Delaware Divorce Self-Help Tools

A Delaware divorce typically takes a minimum of 6-7 months due to a mandatory 6-month separation period before the court can finalize the divorce. Uncontested cases may be resolved faster after this period, while contested cases can take longer.

While you are not legally required to have a lawyer to file for divorce in Delaware, it is highly recommended, especially in cases involving complex property division, child custody, or alimony. The Delaware Family Court handles divorce cases, and legal guidance can help navigate the process effectively.

Yes, Delaware is a no-fault divorce state. The primary ground for divorce is that the marriage is "irretrievably broken" and reconciliation is improbable, as stated in 13 Del. C. § 1505(a). This can be established through voluntary separation, separation due to misconduct, mental illness, or incompatibility.

Delaware follows the principle of equitable distribution (13 Del. C. § 1513). This means that marital property is divided fairly, but not necessarily equally, between the spouses. The court considers various factors to achieve a just division, including contributions to the marriage, economic circumstances, and the duration of the marriage.

Delaware law, specifically 84 Del. Laws, c. 51 (effective June 27, 2023), now includes provisions for the disposition of companion animals as marital property. The court will award ownership and responsibility for the companion animal, considering its well-being and factors such as each party's ability to care for the animal and their attachment to it.