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The State of Delaware recognizes no-fault divorces. Delaware permits several grounds for filing a no-fault divorce such as incompatibility between the parties, misconduct by one of the spouses, a spouse's mental illness, or voluntary separation of the parties.
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.
Divorce Filing Fees in Delaware The cost as of 2022 to file your divorce in Delaware is $165. If you can't afford to pay the filing fee, you can request that the court waive the fees. To do this, file an Affidavit in Support of Application to Proceed In Forma Pauperis.
Please stop by the Records Department in the county in which your divorce or annulment was granted during regular business hours. You will need to provide the clerk with your name and date of birth. In addition, you will need to present valid photo identification.
Courts in Delaware offer two options for providing your spouse with the divorce papers: The Court will personally serve your spouse with a copy of the divorce Petition; or. Your spouse can pick up a copy of the divorce Petition from the Court.
The Court will not proceed with the divorce process until you and your spouse have been separated for at least 6 months, unless you are filing for divorce on the grounds of misconduct. Some of the grounds of misconduct include: physical, mental or psychological abuse, adultery and desertion.