What makes a divorce 'uncontested'?

An uncontested divorce means both spouses agree on all issues — grounds, property division, support, and custody. If you disagree on even one issue, the case may become contested.

Can we use the same attorney?

An attorney can only represent one party. The other spouse should have their own attorney review the agreement, or at minimum, understand they are not represented and are signing voluntarily.

What if we agree now but disagree later?

If disagreements arise before the decree is final, the case moves to the contested track. After the decree, modifications are possible for custody [§ 13-722] and support but not typically for property division.

Topic guideUpdated 2026-02-27

Delaware Uncontested Divorce — Requirements & Steps

Requirements, process, and settlement agreements for uncontested divorces in Delaware

An Uncontested divorce in Delaware means both spouses agree on all major issues — grounds, property division, spousal support, and (if applicable) custody and child support — before the court enters a final order.

💡Uncontested does not mean simple. Even when both parties agree, the settlement must satisfy statutory requirements and protect each party's rights. A poorly drafted agreement can create enforcement problems later.

Requirements for an uncontested divorce

Residency

At least one party must have been a resident of Delaware for 6 months before filing §13-1504.

Grounds

At least one party must allege valid grounds. For no-fault: irretrievable breakdown of the marriage with separation for 6 months §13-1505.

Written agreement

The parties must reach a written settlement agreement covering all issues — property division, debts, and (if children are involved) custody, visitation, and support.

Filing

One spouse files the petition and the settlement agreement with the court.

Service

The other spouse must be formally served or file a waiver of service §13-1507.

Waiting period

6 months of separation before the court may rule on the divorce petition (the petition may be filed at any time after separation) before the court can finalize the divorce §13-1507.

Final hearing

The court reviews the agreement, confirms it is fair, and enters the final decree.

What the settlement agreement must address

Division of all marital property and debts §13-1513
Spousal support (whether waived or specified) §13-1512
If children: custody, visitation schedule, and child support §13-722
Health insurance, life insurance, and tax filing status
Retirement accounts and pension division (if applicable)

✓Many uncontested divorces can be completed without a trial, but both parties benefit from having the agreement reviewed by separate attorneys before signing. What seems fair today may have long-term financial consequences.

When uncontested becomes contested

A case that starts as uncontested can become contested if the parties cannot agree on any issue. Common triggers include disagreements over property valuation, custody arrangements, or spousal support duration. If this happens, the case moves to the contested track with discovery, motions, and potentially a trial.

⚠Even in an uncontested divorce, the court will not approve an agreement that appears unfair or fails to adequately protect children's interests.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

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