Divorce Residency Requirements in Delaware: Who Can File and Where

By the FigureMyTax Editorial Team · How we calculate

Delaware requires that either spouse has lived in the state continuously for six or more months immediately before the petition is filed. The petition goes to the Family Court in the county where either spouse lives.

What residence does a Delaware divorce require?

The Family Court has jurisdiction over a divorce where either the petitioner or the respondent, when the action was commenced, actually resided in Delaware, or was stationed in Delaware as a member of the armed services of the United States, continuously for six or more months immediately preceding the commencement of the action (13 Del. C. 1504(a)). Only one spouse has to meet it. “Actually resided” means was domiciled, and the action commences when the petition is filed (1503(1)-(2)). The Delaware divorce timeline calculator adds six months to the date you enter and compares it with your filing date.

Does military service count in Delaware?

Yes. A spouse stationed in Delaware as a member of the armed services of the United States for the six months qualifies (1504(a)).

Where do you file for divorce in Delaware?

In the Family Court, in the county where the petitioner resides or the county where the respondent resides (1507(c)). The verified petition must state each party’s age, occupation and residence, including the county, and the length of residence in the state (1507(b)(1)).

What else goes in the petition in Delaware?

The date of the marriage and where it was registered, the date the parties separated, the names and ages of the children and whether the wife is pregnant, any prior matrimonial proceedings, and an allegation that the marriage is irretrievably broken and how it is characterized (1507(b)).

Is there an exception for same-gender marriages in Delaware?

Yes. The Family Court has jurisdiction over a divorce or annulment of a same-gender marriage solemnized in Delaware, or created by converting a civil union, even if neither party lives in Delaware, if the law of the jurisdiction where they live does not affirmatively permit such a proceeding there (1504(a)).

Does residence decide custody jurisdiction too in Delaware?

No. Custody has its own jurisdiction rules, so a parent who moves to Delaware with a child can be divorced here before a Delaware court can decide custody. The custody chapter, which sets the standards for deciding custody and residence, is described in the Delaware parenting time calculator; ask a lawyer about the child’s home state before filing.

How is the respondent served in Delaware?

Jurisdiction over the respondent can be obtained by a summons served by the sheriff, by the respondent’s appearance (personally or by a filed appearance), by an appearance of counsel, or, where the petition says it is unlikely that jurisdiction can be acquired otherwise, by mailing and publication (1508). The residence and separation clocks do not wait for service.

Can interim relief be requested at the start in Delaware?

Yes. Although no ruling is made on the divorce until six months of separation, interim relief under section 1509, including interim alimony, is available to the parties meanwhile (1507(e), 1509, 1512(a)). See the Delaware alimony calculator.

How do the six-month residence rule and the six-month separation rule fit together in Delaware?

They are separate clocks. For example, a spouse who moved to Delaware on March 1 completes six months of residence on September 1 and can file that day. If the spouses separated the same day, six months of separation end on March 1 of the next year, and the court rules after that.

Frequently asked questions

Official sources

• Delaware Code Title 13, chapter 15: Divorce and Annulment
• Delaware Code Title 13, chapter 7, subchapter II: custody and visitation
• Delaware Family Court: child support formula instructions
• Delaware Family Court: child support calculator

This is general information, not legal advice. It is based on the cited Delaware statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Delaware attorney.