Divorce in Delaware: everything you need to know
Learn more about the types of divorce, costs, division of assets, and steps to protect your finances. You can also connect with a financial advisor by answering a few questions below.
Summary
A contested divorce in Delaware can cost anywhere from $2,000 to over $10,000.
You can reduce your costs by opting for an uncontested divorce.
In Delaware, you must have been separated for at least six months to proceed with a divorce.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
How much does a divorce cost in Delaware?
The cost of a divorce in Delaware varies depending on whether it is uncontested or contested and whether you hire an attorney or not.
The main costs of a divorce in Delaware are:
The filing fee is $165 as of 2021, according to the Delaware Courts.
The $10 Court Security fee.
The service fee can range from $10 to $100 depending on how you serve the petition on your spouse.
The mediation fees can range from between $100 to $300 per hour.
The attorney fee can range from $200 to $500 per hour, depending on the experience and reputation of the attorney.
An uncontested divorce in Delaware can cost anywhere from $300 to $2,000.
A contested divorce in Delaware can cost anywhere from $2,000 to over $10,000, depending on the complexity of the case and the amount of litigation involved.
According to Motley Fool, the average cost of a divorce is $11,300, and the median is $7,000 in the US.
How can I reduce the cost of divorce in Delaware?
You can reduce the cost of a divorce in Delaware by:
Filing for a no-fault divorce is cheaper and faster than a fault-based divorce.
Filing for an uncontested divorce is cheaper and faster than a contested divorce.
Negotiating and agreeing with your spouse on the terms of the divorce can avoid or minimize the need for mediation and trial.
Representing yourself in court can save you the attorney fee, but only if you are comfortable and confident with the legal process and the paperwork.
Seeking legal assistance from low-cost or pro bono services, which can provide you with free or reduced-fee legal advice and representation if you qualify based on your income and circumstances.
How long does divorce take in Delaware?
An uncontested divorce in Delaware can take as little as a few weeks to complete, depending on the court’s schedule and your cooperation with your spouse.
A contested divorce in Delaware is more complicated and longer than an uncontested divorce, as you have to go to trial and let the judge decide the issues.
It can take anywhere from several months to over a year to complete, depending on the complexity of the case and the court’s backlog.
What are the different types of divorce in Delaware?
In Delaware, there are both no-fault and fault-based divorces:
1. No-fault divorce: This is the most common type of divorce in Delaware. Neither spouse is at fault or is accused of any wrongdoing. Instead, the couple states the marriage has broken down.
2. Fault-based divorce: Here, one spouse claims the other is at fault for the breakdown of the marriage. Grounds for a fault-based divorce include adultery, cruelty, imprisonment, substance abuse, and desertion.
How do you file for divorce in Delaware?
To file for an uncontested divorce in Delaware, you have to:
Complete and sign a petition for divorce, which states the grounds and terms of the divorce.
Complete and sign a separation agreement, which outlines how you will divide your assets and debts and how you will handle alimony, child support, custody, and visitation.
File the petition and the separation agreement with the Family Court in the county where you or your spouse live.
Pay the filing fee, which was $165 in 2021.
Serve the petition and the separation agreement on your spouse, either by mail, by the sheriff, or by a private process server.
Wait for at least 20 days for your spouse to respond.
Request a hearing date from the court.
Attend the hearing and present your documents and testimony to the judge.
Receive the final decree of divorce from the court.
How do you split assets in a divorce in Delaware?
Delaware is an equitable distribution state, which means that the court will divide the marital assets and debts in a divorce fairly and reasonably.
When deciding who is entitled to what, a judge will consider the following factors:
The duration of the marriage
Contributions made by both parties to the marriage
The earning potential of both parties
The age and health of both parties
Child custody and support obligations
Each party's financial liabilities and obligations
The court will only divide assets that were acquired or incurred during the marriage, regardless of whose name they are in.
What is a wife entitled to in a divorce in Delaware?
Based on Delaware divorce laws, any property acquired during the marriage should be split fairly between both parties. This means that wives have the same property rights as their spouses.
Spouses may also be entitled to alimony in the state of Delaware.
This is dependent on each couple’s unique circumstance and, if granted, services as a safeguard for parties who made personal sacrifices, such as foregoing career or education opportunities, during the marriage.
Additionally, a spouse may be entitled to a share of their ex-spouse’s pension after a divorce.
This is dependent on the length of the marriage, with a longer marriage making it more likely.
A Qualified Domestic Relations Order (QDRO) is issued by the court when determining how to distribute the benefits between the divorcing parties.
How does alimony work in Delaware?
Alimony is paid to help the lower-earning or non-earning spouse maintain a reasonable standard of living and become self-sufficient.
It is not automatic or guaranteed in Delaware, and the court has a lot of discretion in deciding whether to award it, how much to award, and for how long to award it.
The court can award three types of alimony in Delaware: temporary, short-term, and long-term.
The amount and duration of alimony depend on the specific circumstances of each case, but the court generally follows some guidelines and formulas to calculate them.
How to protect your finances when going through a divorce in Delaware
Going through a divorce can be a stressful and challenging time, especially when it comes to finances.
Here are some ways you can protect your money when going through a divorce:
Prepare your finances: Prior to filing for divorce, gather essential financial documents such as tax returns, bank statements, credit card bills, and retirement accounts. Create a comprehensive list of both marital and non-marital assets and liabilities. This step will facilitate fair negotiations regarding the division of property and debts with your spouse.
Consider mediation: Compared to going to court, mediation tends to be less time-consuming, less expensive, and less emotionally taxing. Additionally, it can contribute to maintaining a cooperative relationship with your spouse post-divorce.
Evaluate Social Security benefits: If your marriage lasted for at least 10 years, you may be eligible to receive Social Security benefits based on your ex-spouse's record. This can be particularly beneficial for securing additional income during retirement, especially if your ex-spouse had a higher income. However, it's essential to ensure that you meet the necessary criteria to qualify for this benefit.
Seek professional assistance: Divorce can have significant financial implications. Consider seeking guidance from a financial advisor who specializes in divorce to help you navigate these changes and plan for your future accordingly.
Get expert financial advice
A financial advisor can help you assess your current financial status, create a post-divorce budget, and develop a long-term financial plan that aligns with your needs and goals.
Unbiased can connect you with a financial advisor perfectly suited to meet your needs. Simply provide some details about what you’re looking for, and Unbiased’s platform will match you with your advisor.
Senior Content Writer
Rachel is a Senior Content Writer at Unbiased. She has nearly a decade of experience writing and producing content across a range of different sectors.