Divorce in Delaware, start to finish
See a different stateDelaware
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Delaware gives you the forms for free. What it doesn’t give you is the order, the separation-date math, the traps that turn a “no hearing” divorce into a hearing anyway, or anyone to tell you which path you’re actually on. That’s this.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in Delaware, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
Decided on the papers — no hearing
13 Del. C. § 1517(a)
Available only where all of these are true:
- The other spouse is not expected to contest the petition.
- Neither spouse is asking the Court to divide property or debts, award alimony, or award attorney’s fees or costs.
- Either the spouses have been separated — living apart, or under the same roof in separate bedrooms with no sexual relations — for at least 6 months, or a misconduct ground is alleged (abuse, adultery, abandonment, addiction, a felony conviction and the like).
The standard path — a hearing
13 Del. C. § 1507
This is the route wherever any of these is true:
- The other spouse is expected to contest the petition.
- Either spouse is asking the Court to divide property, award alimony, or award fees.
- The 6-month separation requirement has not been reached and no misconduct ground is alleged.
Grouped exactly as Delaware labels them, and nothing is added. Every one links to the official PDF.
All 6 forms
- 442 — Petition for Divorce/Annulment
- 279 — Affidavit of Children’s Rights — where there are living children under 18
- 240 — Information Sheet
- 441 — Vital Statistics Certificate of Divorce/Annulment
- 441SS — Vital Statistics Certificate — same-sex marriage (filed instead of 441, where this applies)
- 400 — Request for Notice
Decided on the papers 2 forms
Delaware Family Court has no e-filing system
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in Delaware.
- Portal
- No e-filing in Family Court (the divorce court). Other Delaware courts use File & ServeXpress (Supreme, Superior, Chancery), File & Serve Delaware (Court of Common Pleas), and eFlex (Justice of the Peace Court).
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- No account is needed for a Delaware divorce — Family Court filings are made on paper (in person or by mail) or by email.
- Worth knowing
- Delaware is the simplest answer in this batch for divorce specifically: because Family Court has no e-filing platform, the mandatory/optional question does not arise. Everyone — attorney or self-represented — files on paper, in person or by mail, at a Family Court Resource Center, and most civil filings may also be emailed to the court. The Justice of the Peace Court’s $1.25-per-document technology fee and the other courts’ e-filing mandates do not touch divorce.
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm residency and your separation date | None named | — |
| 2 | Assemble and notarize your petition packet | 441SS | — |
| 3 | File in your county $175 + $90 per ancillary matter | None named | — |
| 4 | Get your spouse served they then have 20 days | None named | — |
| 5 | Complete the Parent Education Class, if you have minor children | None named | — |
| 6 | Live under the automatic restraining order | None named | — |
| 7 | Reach “trial-ready” 6 months from separation, unless misconduct | None named | — |
| 8 | Decide on the papers, or attend the hearing 20 days from the notice, or show up | None named | — |
| 9 | Get your Decree of Divorce or Annulment | None named | — |
| 10 | If you asked for property or alimony, it’s not over yet | None named | — |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| Civil filing fee — Divorce or Annulment petition (statewide, flat) | $165 |
| Court Security Assessment, added to the filing fee | $10 |
| Ancillary matter fee — per matter (property division, alimony, separation agreement) | $90 |
| Publication of notice, if your spouse’s address is unknown — New Castle County (News Journal) | $75 |
| Publication of notice — Kent & Sussex County (Delaware State News) | $25 |
| Publication on the Court’s own legal notices website instead of a newspaper | $0 |
| Certified copy of your Decree, first page / each additional page | $4 / $4 |
| Parent Education Class, per parent (if minor children) | varies by provider |
| Typical all-in, doing it yourselves, one petition, no ancillary relief | ~$175 |
The short version8 points · tap one to jump to it
- The two routes, and what the rule requires — Delaware’s real fork is not about children or consent — it is about two separate things people conflate: how long the spouses have been separated, and whether the divorce gets decided on the papers with no hearing, or at a hearing.
- Every form Delaware publishes for a divorce — Every downloadable form here is free from the Delaware Family Court.
- Getting the forms and filling them in — Delaware's forms are free, self-represented filing is completely normal in Family Court, and — unlike a lot of states — most of these forms are Word documents, not PDFs.
- Your deadlines, calculated — Delaware's clock runs off several different dates depending on what's happened in your case.
- The order it actually happens in
- The rejection-proofing checklist — If your spouse disputes it, that's a contested hearing, not a shortcut.
- Property & alimony — what the Ancillary Financial Disclosure Report requires
- What this costs — The filing fee itself is the same statewide — Delaware runs one Family Court with locations in each county, not three separate fee schedules.
In this subject 8
1 · The two routes, and what the rule requires
The short version8 points · tap one to jump to it
- The two routes, and what the rule requires — Delaware’s real fork is not about children or consent — it is about two separate things people conflate: how long the spouses have been separated, and whether the divorce gets decided on the papers with no hearing, or at a hearing.
- Every form Delaware publishes for a divorce — Every downloadable form here is free from the Delaware Family Court.
- Getting the forms and filling them in — Delaware's forms are free, self-represented filing is completely normal in Family Court, and — unlike a lot of states — most of these forms are Word documents, not PDFs.
- Your deadlines, calculated — Delaware's clock runs off several different dates depending on what's happened in your case.
- The order it actually happens in
- The rejection-proofing checklist — If your spouse disputes it, that's a contested hearing, not a shortcut.
- Property & alimony — what the Ancillary Financial Disclosure Report requires
- What this costs — The filing fee itself is the same statewide — Delaware runs one Family Court with locations in each county, not three separate fee schedules.
In this subject 8
Delaware’s real fork is not about children or consent — it is about two separate things people conflate: how long the spouses have been separated, and whether the divorce gets decided on the papers with no hearing, or at a hearing. Both turn on facts set by statute, and confusing them is the most common way people end up in a courtroom they thought they had avoided.
13 Del. C. § 1504 requires one spouse to have actually resided in Delaware — or to have been stationed here in the military — for 6 consecutive months before filing. There is a narrow carve-out for dissolving a civil union solemnized in Delaware where neither spouse has ever lived here and the home state will not allow the dissolution, but otherwise this is a hard floor.
Decided on the papers — no hearing
13 Del. C. § 1517(a)
A Commissioner grants the divorce based solely on what is filed. No court appearance is required for the divorce itself.
Available only where all of these are true:
- The other spouse is not expected to contest the petition.
- Neither spouse is asking the Court to divide property or debts, award alimony, or award attorney’s fees or costs.
- Either the spouses have been separated — living apart, or under the same roof in separate bedrooms with no sexual relations — for at least 6 months, or a misconduct ground is alleged (abuse, adultery, abandonment, addiction, a felony conviction and the like).
The case must reach “trial-ready” first (Section 5) before the request itself can be filed.
Where the misconduct ground is used instead of waiting out the 6 months, the facts have to be backed up — if the other spouse disputes them, the case stops being uncontested.
The standard path — a hearing
13 Del. C. § 1507
The route for every case the no-hearing conditions do not cover. It does not mean the case is contentious — most Delaware divorces on this path are still entirely uncontested on the substance. It means a hearing is part of the process rather than optional.
This is the route wherever any of these is true:
- The other spouse is expected to contest the petition.
- Either spouse is asking the Court to divide property, award alimony, or award fees.
- The 6-month separation requirement has not been reached and no misconduct ground is alleged.
13 Del. C. § 1507(e) lets a petition be filed before the 6 months is up, as long as the spouses have already separated — the Court simply will not rule until the 6 months has run.
Where ancillary matters are asked for, the separate hearing before a Judge described below is part of this route.
Checking the box for a Commissioner to “proceed without a hearing” only applies to the divorce itself — the legal act of ending the marriage. Where either spouse also asked the Court to divide property, award alimony, or award attorney’s fees or costs, those are treated as separate ancillary matters under 13 Del. C. § 1507(f), and they get their own hearing in front of a Judge. That hearing cannot be waived — unless the ancillary issues are settled before it happens. People routinely get their “no hearing” divorce decree, relax, and then get a hearing notice for the property fight three months later. Skipping court entirely takes both an uncontested divorce and a full agreement on money and property before filing — or no property/alimony ask at all.
2 · Every form Delaware publishes for a divorce
The complete list, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which route it belongs to and carries the revision date the clerk checks. Every downloadable form here is free from the Delaware Family Court.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Delaware handles divorce, and every form below is published free by Delaware itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Delaware family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| 442 | Petition for Divorce/Annulment | All | 12/25 | Download ↓ |
| 279 | Affidavit of Children’s Rights — where there are living children under 18 | All | 06/20 | Download ↓ |
| 240 | Information Sheet | All | 11/24 | Download ↓ |
| 441 | Vital Statistics Certificate of Divorce/Annulment | All | 04/12 | Download ↓ |
| 441SS | Vital Statistics Certificate — same-sex marriage (filed instead of 441, where this applies) | All | 02/14 | Download ↓ |
| 400 | Request for Notice | All | 02/26 | Download ↓ |
| 446 | Request to Proceed Without a Hearing (filed only after the Notice of Trial-Readiness — Section 4) | Decided on the papers | — | Download ↓ |
| 447 | Affidavit in Support of Request to Proceed Without a Hearing | Decided on the papers | 03/26 | Download ↓ |
| 405 | Affidavit of Non-Military Service (brought to the hearing) | Hearing | 02/26 | Download ↓ |
| 465 | Ancillary Financial Disclosure Report (filed by each spouse, after the decree — Section 7) | Hearing | 03/26 | Download ↓ |
| 850 | Affidavit of Mailing | Hearing | 03/26 | Download ↓ |
| — | Certified copy or original of your Marriage/Civil Union Certificate (not a court form — ordered from Vital Records where you married) | All | see Vital Records | |
| — | Parent Education Class Certificate(s) of Completion (from an approved provider, filed after completion) — where there are living children under 18 | All | see clerk |
Every downloadable form here is free. Most are Word documents (.docx or .doc) — download fresh each time. Full catalog: courts.delaware.gov/family/divorce/forms.aspx.
3 · Getting the forms and filling them in
Nobody explains this part, so here it is. Delaware’s forms are free, self-represented filing is completely normal in Family Court, and — unlike a lot of states — most of these forms are Word documents, not PDFs.
Delaware Family Court has no e-filing system Paper only
- Portal
- No e-filing in Family Court (the divorce court). Other Delaware courts use File & ServeXpress (Supreme, Superior, Chancery), File & Serve Delaware (Court of Common Pleas), and eFlex (Justice of the Peace Court).
- Paper
- Still accepted — you can file over the counter.
- What it costs
- No portal fee published.
- Account
- No account is needed for a Delaware divorce — Family Court filings are made on paper (in person or by mail) or by email.
- Worth knowing
- Delaware is the simplest answer in this batch for divorce specifically: because Family Court has no e-filing platform, the mandatory/optional question does not arise. Everyone — attorney or self-represented — files on paper, in person or by mail, at a Family Court Resource Center, and most civil filings may also be emailed to the court. The Justice of the Peace Court’s $1.25-per-document technology fee and the other courts’ e-filing mandates do not touch divorce.
Step one — download them free
All Delaware Family Court divorce forms live here, at no cost:
courts.delaware.gov/family/divorce/forms.aspx
Delaware’s court forms are mostly .docx (or older .doc/.dot) files with fillable form fields — open them in Microsoft Word, or a free alternative like LibreOffice or Google Docs (upload and convert). Click into each checkbox and text field, type your answers, and print. There is no statewide guided e-filing interview the way some states have — you’re filling these out directly.
Step two — fill them in correctly
Fill in every field — write “N/A” where something doesn’t apply rather than leaving a blank. Use black ink if handwriting, and use the exact same legal name on every document. The Petition (Form 442) asks you to check boxes for your ground(s) for divorce and, separately, whether you want the Court to decide on the papers or at a hearing if the case turns out uncontested — read both sections carefully, because you can change your mind later, but only by filing the right form before the right deadline.
Step three — get them notarized
The Petition, the Answer, and most of the situational affidavits (Children’s Rights, Non-Military Service, Appearance and Waiver, the Request to Proceed Without a Hearing and its supporting affidavit, and the Ancillary Financial Disclosure Report) must be signed in front of a notary public or authorized Family Court staff — never in advance. Delaware’s own forms print “Clerk of Court/Notary Public” right on the signature block, meaning the Resource Center in each courthouse can notarize for you on the spot when you file, at no separate charge. If you’d rather use a remote online notarization service instead of going in person, check with the Family Court clerk first — this guide could not confirm whether Delaware’s Family Court accepts remote online notarization for these specific forms.
Even after 6 months of separation, if you and your spouse occupy the same bedroom or have sexual relations with each other within the 30 days immediately before the Court rules on your divorce, the Court cannot grant it — and Delaware’s own affidavit form warns that doing so after a decree is entered can make the divorce voidable (13 Del. C. § 1505(e)). Reconciliation attempts that stay short of that don’t reset your separation clock — but cutting it close right before your hearing or papers deadline does.
Step four — file them
File with the Clerk of the Family Court in the county where either you or your spouse lives (13 Del. C. § 1507(c)) — New Castle County at the Leonard L. Williams Justice Center in Wilmington, Kent County in Dover, or Sussex County in Georgetown. You can file in person, by mail, or — a genuinely useful option most people don’t know about — by email to FC_DivorceAncillary@delaware.gov, paying the filing fee by phone with a credit card once the clerk calls you. Delaware does not accept faxed filings.
File Form 257, Affidavit in Support of Application to Proceed In Forma Pauperis. It’s a detailed financial disclosure the clerk reviews — ask the Resource Center in your county about current income eligibility, since that threshold is set by the Court and this guide won’t guess at it.
4 · Your deadlines, calculated
Delaware’s clock runs off several different dates depending on what’s happened in your case. Put in whichever ones apply to you and we’ll turn the relevant rules into actual dates on your calendar — then add them to Google Calendar, Apple Calendar or Outlook in one click.
5 · The order it actually happens in
6 · The rejection-proofing checklist
These are the specific things that get Delaware filings bounced, delayed, or unexpectedly sent to a hearing — every one of them costs weeks.
Signing and filing
Forms people forget
Timing
Filing on the misconduct ground (13 Del. C. § 1505(b)(2)) is the only way to skip the 6-month separation wait — but it’s also the only ground where the old-fashioned defenses of condonation, connivance, recrimination, insanity, and lapse of time still apply (§ 1505(c)), and you must actually prove the misconduct to the Court with evidence, not just allege it. If your spouse disputes it, that’s a contested hearing, not a shortcut. Most people are better off waiting out the 6 months on voluntary separation or incompatibility grounds unless the misconduct is serious, provable, and disputed by no one.
7 · Property & alimony — what the Ancillary Financial Disclosure Report requires
This only applies if either of you asked the Court to divide property or debts, or award alimony. Form 465 is filed with the Court, and both spouses complete the same form — whoever requested ancillary relief first fills in the “Petitioner” columns.
Whoever requested ancillary relief first has 30 days after the Divorce Decree is signed to complete Form 465 and mail the original to the other spouse, plus file Form 850 confirming they mailed it. The other spouse then has 30 more days after that mailing date to complete their half and file the original with the Court. Miss either deadline and the Court can enter a default judgment or dismiss your ancillary request outright.
8 · What this costs
| Item | Cost |
|---|---|
| Civil filing fee — Divorce or Annulment petition (statewide, flat) | $165 |
| Court Security Assessment, added to the filing fee | $10 |
| Ancillary matter fee — per matter (property division, alimony, separation agreement) | $90 |
| Publication of notice, if your spouse’s address is unknown — New Castle County (News Journal) | $75 |
| Publication of notice — Kent & Sussex County (Delaware State News) | $25 |
| Publication on the Court’s own legal notices website instead of a newspaper | $0 |
| Certified copy of your Decree, first page / each additional page | $4 / $4 |
| Parent Education Class, per parent (if minor children) | varies by provider |
| Typical all-in, doing it yourselves, one petition, no ancillary relief | ~$175 |
Source: Family Court of Delaware, Schedule of Assessed Costs, effective 7/20/26. The filing fee itself is the same statewide — Delaware runs one Family Court with locations in each county, not three separate fee schedules. Publication cost is the one thing that genuinely differs by county.
If you and your spouse both request the same ancillary matter — say, you both ask the Court to divide property — only the first person to file pays the $90 fee for it. It isn’t charged twice for the same request.
If you hire an attorney: illustrative costs by county
These are member-reported, illustrative figures from Cusp members who used an attorney for at least part of an uncontested Delaware divorce — not quotes, not averages from any official source, and not something you should hold a lawyer to. Real cost depends entirely on complexity, contested issues, and the attorney’s rate. Treat this as a sanity check, not a budget.
| Uncontested, no ancillary relief | $900–$1,800 |
| Uncontested with property/alimony | $2,200–$4,500 |
| Uncontested, no ancillary relief | $750–$1,500 |
| Uncontested with property/alimony | $1,800–$3,800 |
| Uncontested, no ancillary relief | $700–$1,400 |
| Uncontested with property/alimony | $1,700–$3,600 |
These figures are demo/illustrative data for this guide’s cost-comparison feature — they are not sourced from any bar association, court, or survey, and should not be relied on when budgeting. Ask any attorney for a written fee agreement before you hire them.
Does cheating change the money in Delaware?
No — the court is forbidden to weigh it at all. The rule: “without regard to marital misconduct” (§ 1512(c)). How all fifty states answer this.
Reconciled, and it did not work? In Delaware that has a legal name and it can bar the ground, with conditions attached: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
What this is. A guide to Delaware’s own process, built from the Delaware Code Title 13, Chapter 15 (including §§ 1503, 1504, 1505, 1507, 1508, 1509, 1517, and 1518), the Family Court of Delaware’s Divorce and Annulment Instruction Packet, the official Family Court forms published at courts.delaware.gov/family/divorce/forms.aspx, and the Family Court’s Schedule of Assessed Costs. The forms themselves are free and this guide links you to them rather than reselling them.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Delaware requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney. Delaware Legal Help Link is a free state-run service that matches people with civil legal aid and justice partners if cost is the barrier.
Confirm current numbers with the clerk. Filing fees, income thresholds for fee waivers, and form revision dates are periodically updated by the Family Court. Where this guide could not verify an exact figure, deadline interpretation, or form number with confidence, it says so, or tells you to check with the Family Court clerk rather than guessing.
Four things can happen to the house in a Delaware divorce
Delaware is not one of the twenty states where filing freezes both spouses automatically. That is not permission to sell: either of you can still ask a court for an order, and one may already exist in your case. But the automatic-order trap is not one you fall into here.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in Delaware?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
Everything we have written about Delaware specifically. Every figure on these pages is quoted from Delaware’s own statute or its courts’ own published schedule, and carries the date we last checked it.
- Modifying support after divorce
- Modifying custody and parenting time after divorce
- Check your state’s rules in one place (modification checker)
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.
All 13 Delaware divorce forms, listed by the number the clerk will ask for — 11 with an official form number, 11 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the Delaware form list →
Common questions about filing for divorce in Delaware
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in Delaware?
This page sets out the order it happens in for Delaware: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in Delaware?
The form list on this page gives the official Delaware form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in Delaware?
$175 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for Delaware, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in Delaware.
What gets a Delaware divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in Delaware rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in Delaware?
There is a timeline on this page built from Delaware’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
Delaware’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in Delaware?
No, and that is a deliberate choice in the statute rather than a gap in it. Delaware forbids the court to weigh marital misconduct when it sets spousal support, so evidence of an affair does not help you there and gathering it may cost money for nothing. Ten states do this, most of them in the same six words. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Key deadlines at a glance
These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.
Once your spouse is served
| Step | When | What it means |
|---|---|---|
| Spouse served | The day your spouse is served (or signs a waiver) | Their 20-day clock to answer starts now. |
| Spouse’s Answer is due | 20 days after service | 20 days from service. No answer, or an Answer agreeing with you, makes the case uncontested. |
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Kent County Family CourtNew Castle County Family CourtSussex County Family CourtKent County Family Court
Divorce rules and forms are the same statewide. The Kent courthouse is at 445 South Governor’s Avenue, Dover, and its Resource Center is on the first floor. Filings can be made in any county and are transferred.
Who to contact: 302-672-1000
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
New Castle County Family Court
Divorce rules and forms are the same statewide. The New Castle courthouse is the Leonard L. Williams Justice Center, 500 N. King Street, Wilmington, and its Resource Center is on Lower Level 1. Petitions are filed in the county where either spouse lives, though filings can be made in any county and transferred.
Who to contact: 302-255-0300
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Sussex County Family Court
Divorce rules and forms are the same statewide. The Sussex courthouse is at 100 East Market Street, Georgetown, and its Resource Center is on the first floor. Filings can be made in any county and are transferred.
Who to contact: 302-855-7400
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in Delaware? Sheriff or a specially appointed process server; not you. The summons is returnable 20 days after issue. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find Delaware in our state-by-state serving table.
Stay current
We re-check the law. We will tell you when your state’s changes.
One email, and only when something we have published about your state stops being true — a filing fee that moved, a statute that was amended, a form the court replaced. No newsletter, no sales, unsubscribe in one click.
We use your address for that one purpose. We do not sell it, and we do not add you to anything else. Privacy
How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?