Delaware Family Law Guide — Divorce, Custody & Support
Divorce, custody, support, and property division under Delaware law — grounds, process, timelines, and what to expect
Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.
Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.
Grounds for divorce in Delaware §13-1505
Delaware allows no-fault divorce based on irretrievable breakdown of the marriage with separation for 6 months §13-1505. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down.
The divorce process — step by step
Contested vs. uncontested divorce
| Uncontested | Contested | |
|---|---|---|
| Definition | Both spouses agree on all issues | Spouses disagree on one or more issues |
| Timeline | Shorter (after waiting period) §13-1507 | Longer |
| Court involvement | Court reviews agreement | Court decides disputed issues |
| Who decides | The spouses, by agreement | The judge, based on evidence and statute §13-1505 |
Key areas the court addresses
Child custody §13-722
Courts determine custody based on the best interests of the child, considering 8 statutory factors including the child's wishes, each parent's mental and physical health, and the child's adjustment to home, school, and community.
Child support
Delaware uses an Melson Formula (income-shares variant) model. Delaware uses the Melson Formula, which first allocates a self-support reserve to each parent before calculating the child's share.
Property division §13-1513
Delaware follows equitable distribution. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.
Spousal support §13-1512
Courts may award alimony based on the length of the marriage, the standard of living, the financial resources of each party, and the requesting spouse's ability to become self-supporting.
What changes the outcome?
- Quality and completeness of financial documentation
- Timing of filing, responses, and temporary-order requests
- Existing court orders or pending cases
- Whether children are involved (adds custody and support layers)
- Willingness to negotiate versus taking issues to trial
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- No-fault: irretrievable breakdown of the marriage with separation for 6 months
- No fault-based grounds — marital misconduct is not a ground for divorce