Quick answer: Delaware requires that either spouse has lived in the state continuously for six or more months immediately before the petition is filed. A petition can be filed once the spouses have separated, but the court makes no ruling until they have been separated for six months, unless the separation was caused by the other spouse’s misconduct.
This Delaware divorce timeline calculator applies 13 Del. C. 1504 and the separation rule in 1507(e). Enter the dates you know: it shows the earliest legal dates for filing and for a ruling, nothing more. How long a real case takes depends on the court and on whether the spouses agree.
Delaware divorce timeline rules at a glance
| Rule | What Delaware says |
|---|---|
| Residence | Either party actually resided in Delaware, or was stationed there in the armed services, continuously for 6 or more months immediately preceding the commencement of the action (13 Del. C. 1504(a)) |
| Filing | A petition may be filed at any time following the separation if the residence rule is met (1507(e)) |
| Separation before a ruling | No ruling until the parties have been separated for 6 months; interim relief is available meanwhile (1507(e), 1509) |
| Separation under one roof | Allowed if the parties occupy separate bedrooms and have no sexual relations (1503(8)) |
| Misconduct exception | No separation period for a marriage characterized by separation caused by the respondent’s misconduct (1503(8), 1505(b)(2)) |
| Where to file | The Family Court, in the county where the petitioner or the respondent resides (1507(c)) |
How does the Delaware divorce timeline work?
- Residence and where to file. See Delaware divorce residency and where to file.
- Agreement or dispute. See uncontested versus contested divorce in Delaware.
- Grounds. See the grounds for divorce in Delaware.
What does this divorce timeline calculator check?
The calculator adds six months to the date Delaware residence began and tells you whether your filing date is early. It adds six months to the date the spouses separated and shows that as the earliest date for a ruling when it falls after the filing date. If you say the separation was caused by your spouse’s misconduct, it does not require a separation period. It cannot say how long the court will take or whether it will accept a characterization of the marriage. Support and custody questions that arise during the case are covered by the Delaware alimony calculator and the Delaware parenting time calculator.
Frequently asked questions
How long is the waiting period for divorce in Delaware?
The court makes no ruling until the spouses have been separated for six months, except where the separation was caused by the respondent’s misconduct.
How long must I live in Delaware before filing for divorce?
Either spouse must have lived in Delaware continuously for six or more months immediately before the petition is filed.
Can I file for divorce in Delaware before six months of separation?
Yes, once you have separated and the residence rule is met; the court rules after six months of separation.
Can spouses be separated in the same house in Delaware?
Yes, if they occupy separate bedrooms and have no sexual relations with each other.
Does the calculator tell me how long my Delaware divorce will take?
No. It shows only the legal minimums; the real timeline depends on the court and on whether the spouses agree.