Divorce in Delaware: everything you need to know
This article covers everything you need to know about divorce in Delaware, from how to file to the costs of divorce.
Summary
There are two main grounds for divorce in Delaware - contested and uncontested.
A contested divorce in Delaware can cost anywhere from $2,000 to over $10,000.
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.
What are the different types of divorce in Delaware?
Delaware recognizes two types of divorce: contested and uncontested.
1. Contested Divorce: In contested divorces, couples disagree on significant issues such as child custody, spousal support, property division, and other matters. These cases often involve legal battles and require court intervention to resolve the disputes.
2. Uncontested Divorce: Uncontested divorces occur when both spouses agree on all aspects of the divorce, including property division, finances, and child-related matters. These cases tend to be smoother and less costly.
Remember that the type of divorce you choose can significantly impact the procedures you’ll follow and the duration of the dissolution process.
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, which is $165 as of 2021.
The service fee can range from $10 to $100 depending on how you serve the petition on your spouse.
The mediation fee, which is $100 per hour per party as of 2021.
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, depending on whether you hire an attorney or not.
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.
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 do you file for divorce in Delaware?
The process of filing for divorce in Delaware depends on whether you and your spouse agree on the terms of the divorce or not.
If you agree on all the issues, you can file for an uncontested divorce. If you disagree on any of the issues, you must file for a contested divorce.
An uncontested divorce in Delaware is simpler and faster than a contested divorce, as you do not have to go to trial.
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 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.
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, but not necessarily in a 50/50 split.
The court will consider several factors when deciding how to split the assets and debts, including the duration of the marriage, each spouse's income and health, and the standard of living established during the marriage.
The court will only divide the marital assets and debts, which are those that were acquired or incurred during the marriage, regardless of whose name they are in.
Separate assets and debts, which are those that were owned or owed by either spouse before the marriage are not divided by the court.
How does alimony work in Delaware?
Alimony is money paid from one spouse to the other after a divorce. The purpose of alimony is to help the lower-earning or non-earning spouse maintain a reasonable standard of living and become self-sufficient.
Alimony 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 alimony, which is paid during the divorce process to help the lower-earning spouse meet their basic needs and expenses
Short-term alimony, which is paid for a limited period of time after the divorce to help the lower-earning spouse transition to a new lifestyle and become self-sufficient
Long-term alimony, which is paid for an indefinite period of time after the divorce to help the lower-earning spouse who cannot become self-sufficient due to age, health, or other reasons
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.
Writers
Our team of writers, who have decades of experience writing about personal finance, including investing and retirement, are here to help you find out what you must know about life’s biggest financial decisions.