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It may be in your best interest to hire a lawyer, especially if your spouse has one. The court may order your spouse, based on the financial resources of both parties, to pay all or part of your attorneys' fees,1 so you may want to speak with your attorney about this.
A petitioner must pay the filing fee to the court clerk when submitting their divorce paperwork. The amount is approximately $165, but it might vary from county to county.
Usually, Delaware divorce records from 1935 to 1977 are available at the county prothonotary or public archives. Conversely, divorce records from 1978 to present are available at family courts in the county where the divorce occurred.
You should ask the court to serve the papers to your spouse personally if your spouse resides in Delaware and you know your spouse's address. This means that the Petition for Divorce will be delivered to your spouse at home or the workplace by someone personally.
Filing for Divorce in Delaware Without a Lawyer For example, to save money and time on attorney's services, spouses can use Delaware divorce online services. At the same time, people that fail to sign a marital settlement agreement can use the divorce mediation option.
In order to file for divorce in Delaware either you or your spouse must be a Delaware resident for at least six months. You may file in the Family Court in the county where either party resides. The most simple procedure is for an uncontested divorce.
The court clerk will prepare a summons, which notifies the other spouse about the divorce. The clerk then sends the summons and petition to the county sheriff for service. (Del. Fam.
In Delaware, the timing of a divorce is as follows: First there must be a separation of at least 6 months. After that, because most divorce proceedings are uncontested ? no fault ? the divorce can occur within 2-3 weeks, once jurisdictional requirements are met.