Delaware divorce grounds (no-fault only; irretrievable breakdown; Del. Code Ann. tit. 13, sec. 1505), 6-month separation requirement, equitable distribution factors (Del. Code Ann. tit. 13, sec. 1513), and the Delaware Family Court jurisdictional structure

Delaware divorce law: (1) Delaware no-fault divorce -- Del. Code Ann. tit. 13, sec. 1505: Delaware provides only one ground for divorce -- the irretrievable breakdown of the marriage. Fault conduct (adultery; cruelty; desertion) is NOT a ground for divorce in Delaware and may NOT be considered in granting the divorce itself (though conduct may be considered in property division and alimony in limited circumstances). Delaware abolished fault-based divorce grounds in 1974 -- earlier than most US states. The irretrievable breakdown of the marriage is established by the parties' separation (living separate and apart) for at least 6 months; (2) Delaware 6-month separation requirement: the parties must live "separate and apart" for at least 6 months immediately before filing the divorce petition. "Separate and apart" means the parties have decided to end the marriage and have ceased to cohabit as husband and wife. The 6-month separation period begins when the parties decide to separate and actually separate (the separation may occur while still living in the same residence if the parties maintain separate lives); (3) Delaware residency requirement: at least one party must have lived in Delaware for at least 6 months before the divorce petition is filed; (4) Equitable distribution -- Del. Code Ann. tit. 13, sec. 1513: Delaware Family Court divides marital property (all property acquired during the marriage, except gifts and inheritances to one spouse) "in a just and reasonable manner" based on the following factors: (a) the length of the marriage; (b) any prior marriage of either party; (c) each party's age, health, and relevant station in life; (d) each party's employability and earning capacity; (e) the estate of each party (including separate property); (f) each party's opportunity for future acquisitions of capital assets and income; (g) each party's contribution to the acquisition of marital property (including the contribution of a homemaker spouse); (h) the value of property set apart for each party as separate property; (i) the economic circumstances of each party at the time of division; (j) the tax consequences to each party from the property division; (k) any other factor the court deems relevant and equitable. Delaware equitable distribution is NOT presumed to be 50/50; (5) Delaware Family Court: the Delaware Family Court operates in all three Delaware counties: New Castle County (900 King Street; Wilmington); Kent County (Family Court; 254 East Main Street; Dover); and Sussex County (Sussex County Family Court; 22 The Circle; Georgetown). The Delaware Family Court has exclusive jurisdiction over all Delaware domestic relations matters including divorce; legal separation; annulment; child custody and visitation; child support; adoption; dependency and neglect; termination of parental rights; and domestic violence protective orders.

Delaware child custody (best interest standard; Del. Code Ann. tit. 13, sec. 722), the Role of the Family Court in Wilmington (New Castle County diverse community custody cases), relocation and international child abduction, and DuPont and JP Morgan executive divorce property division

Delaware custody and executive divorce: (1) Delaware child custody -- Del. Code Ann. tit. 13, sec. 722: Delaware Family Court determines custody based on the best interest of the child. Del. Code Ann. tit. 13, sec. 722(a) lists 14 factors for the court to consider, including: (a) the wishes of the child's parents as to custody; (b) the wishes of the child where the child is of sufficient age and capacity; (c) the child's interaction and interrelationship with parents, siblings, and significant others; (d) the child's adjustment to home, school, and community; (e) the mental and physical health of all individuals involved; (f) past and present compliance by each parent with their parental rights and responsibilities; (g) evidence of domestic violence; (h) the criminal history of any party or person residing in the household (including previous child abuse charges); (i) each parent's ability to provide a stable and loving home for the child; (j) each parent's involvement in and attitude toward the child's education; and (k) any other relevant factors. Delaware courts consider both legal custody (decision-making authority) and residential placement (physical custody) separately; (2) New Castle County diverse community custody: Wilmington (New Castle County) has significant African-American; Hispanic/Latino (primarily Puerto Rican; Dominican; Guatemalan; Mexican); Vietnamese; Liberian; and Somali communities. Delaware Family Court in New Castle County regularly handles custody proceedings involving: cultural practices and religious traditions (Muslim; West African Christian; Vietnamese Buddhist) that affect parenting plans; Spanish-language interpreter requirements; and guardianship petitions for children of immigrant families; (3) Delaware child relocation: if the parent with primary residential placement seeks to relocate out of Delaware (or significantly within Delaware), that parent must provide advance notice to the other parent and the Family Court, and the court applies a multi-factor analysis under Baures v. Lewis, 770 A.2d 214 (N.J. Super. App. Div. 2001) -- the Delaware Family Court has adopted factors from leading relocation decisions including consideration of: whether the move will improve the quality of life of the custodial parent and child; the feasibility of preserving the non-custodial parent's relationship through a revised parenting plan; and the good faith of the move; (4) International child abduction and Hague Convention: Delaware participates in the Hague Convention on the Civil Aspects of International Child Abduction (implemented by the International Child Abduction Remedies Act/ICARA; 22 U.S.C. sec. 9001+). Delaware Family Court or Delaware District Court may issue orders for the return of children wrongfully removed from or retained outside their country of habitual residence. Delaware's proximity to major international airports (Philadelphia International; BWI; JFK) creates risk scenarios for international parental abduction; (5) Executive divorce property in Delaware: DuPont de Nemours (formerly DuPont; Chestnut Run campus; Wilmington) and JPMorgan Chase (Wilmington credit card and banking operations) executive divorces in Delaware involve: DuPont SERP (supplemental executive retirement plan) pension obligations; DuPont deferred stock awards and legacy equity grants (including historical DuPont shares that have been converted into Corteva Agriscience; Chemours Company; and DuPont de Nemours shares through the 2017-2019 restructuring); JPMorgan Chase deferred compensation plans; and non-compete obligations in financial services executive employment agreements. Delaware Family Court judges with experience in equitable distribution of complex financial assets handle these high-asset divorce proceedings.

Delaware alimony (Del. Code Ann. tit. 13, sec. 1512), child support guidelines (Del. Code Ann. tit. 13, sec. 514; Delaware Income Shares Model), and protective orders in Delaware Family Court (domestic violence; Del. Code Ann. tit. 10, sec. 1041)

Delaware alimony, child support, and protective orders: (1) Delaware alimony -- Del. Code Ann. tit. 13, sec. 1512: Delaware Family Court may award alimony ("alimony or support") to either spouse. Delaware alimony factors: (a) the financial resources of the party seeking alimony; (b) the standard of living established during the marriage; (c) the duration of the marriage; (d) the age and physical and emotional condition of both parties; (e) each party's financial obligations; (f) each party's ability to meet their needs independently; (g) contributions to the marriage including homemaking and childcare; (h) any disruption of the education, training, or employment of the party seeking alimony; (i) each party's employability and earning capacity including educational level and vocational skills. Delaware alimony: generally rehabilitative or transitional in purpose -- Delaware courts favor short-to-medium term alimony aimed at helping the lower-earning spouse achieve economic independence, rather than permanent alimony. Permanent alimony is reserved for long marriages where one spouse is unable to achieve self-sufficiency due to age, health, or extended absence from the workforce; (2) Delaware child support -- Del. Code Ann. tit. 13, sec. 514; Delaware Income Shares Model: Delaware uses the Income Shares Model for child support calculations -- both parents' incomes are considered and support is calculated based on the combined income available to the child if the parents had not separated. The Delaware Child Support Formula uses state-published guidelines tables to determine a basic child support obligation based on combined parental income and the number of children. The formula accounts for childcare costs; health insurance costs; and the number of overnight stays with each parent (shared residential arrangements may reduce the non-custodial parent's support obligation). Delaware child support is established and enforced by the Delaware Division of Child Support Enforcement (DCSE; part of the Division of Social Services; Wilmington; Dover offices); (3) Delaware protective orders -- Del. Code Ann. tit. 10, sec. 1041 et seq.: Delaware Family Court issues protective orders (also called "no contact orders" or "civil protection orders") for victims of domestic violence. Emergency Protective Orders (EPOs): Delaware law enforcement officers may issue EPOs on a 24-hour basis when law enforcement responds to a domestic violence incident and believes the victim is in immediate danger. EPOs expire after 5 days unless replaced by a civil protection order from the Family Court. Delaware civil protection order process: the victim files a petition with the Family Court; an ex parte temporary protection order (TPO) may be issued immediately; a full hearing is scheduled within 15 days; if the court finds domestic violence by a preponderance of the evidence, a final protection order may be issued for up to 1 year (and renewed); (4) Delaware child abuse reporting: Delaware's mandatory child abuse reporting law (Del. Code Ann. tit. 16, sec. 903+) requires professionals who work with children (teachers; healthcare workers; social workers; law enforcement; childcare workers; clergy) to report suspected child abuse or neglect to the Delaware Division of Family Services (DFS). Delaware Family Court handles both criminal prosecution of child abuse and civil dependency/neglect proceedings; (5) Delaware Legal Aid Society: the Delaware Legal Aid Society (DLAS; 100 West 10th Street; Suite 801; Wilmington; and offices in Dover and Georgetown) provides free civil legal assistance to low-income Delaware residents in family law matters including protective orders; child custody; child support; and guardianship. DLAS is a significant provider of family law legal aid in Delaware.

State guide Delaware

Family Law & Divorce in Delaware: what deserves review before response, household documents, and support records

Clearer statewide family law & divorce guidance for Delaware built around household documents, the process pressure that hides behind the rule, and the official path readers usually need first.

Reviewed January 2026 2 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

Delaware divorce: NO-FAULT ONLY (Del. Code Ann. tit. 13, sec. 1505); fault grounds ABOLISHED in 1974 (earlier than most US states); single ground = irretrievable breakdown of the marriage; fault conduct NOT a ground for divorce (may be considered in property division + alimony in limited circumstances). 6-MONTH SEPARATION REQUIREMENT: parties must live separate and apart for at least 6 months immediately before filing; "separate and apart" = decided to end marriage + ceased to cohabit as husband and wife (may be established while living in same residence if maintaining separate lives). Residency: at least 1 party must live in Delaware for at least 6 months before petition filed. Delaware equitable distribution (Del. Code Ann. tit. 13, sec. 1513): "just and reasonable manner"; NOT presumed 50/50; factors = length of marriage + prior marriages + age/health/station + employability/earning capacity + each party's estate + future capital/income opportunity + contribution to marital property acquisition (HOMEMAKER CONTRIBUTION explicitly listed) + separate property value + economic circumstances at time of division + tax consequences + other relevant factors. Delaware Family Court: New Castle County (900 King Street; Wilmington) + Kent County (254 East Main Street; Dover) + Sussex County (22 The Circle; Georgetown); EXCLUSIVE JURISDICTION = divorce + legal separation + annulment + custody + visitation + support + adoption + dependency/neglect + TPR + DV protective orders; ESTABLISHED 1971 (early specialized family court model).
Delaware custody (Del. Code Ann. tit. 13, sec. 722): best interest standard; 14 statutory factors including = parent wishes + child wishes (if sufficient age/capacity) + child-parent/sibling/significant other interaction + home/school/community adjustment + mental/physical health of all individuals + past/present parental rights/responsibilities compliance + DOMESTIC VIOLENCE evidence + criminal history of parties or household members (including prior child abuse charges) + stability/loving home ability + education involvement/attitude + other relevant factors; LEGAL CUSTODY (decision-making authority) + RESIDENTIAL PLACEMENT (physical custody) considered separately. New Castle County diverse custody: Wilmington = African-American + Hispanic/Latino (Puerto Rican + Dominican + Guatemalan + Mexican) + Vietnamese + Liberian + Somali communities; cultural practices + religious traditions (Muslim + West African Christian + Vietnamese Buddhist) affect parenting plans; Spanish-language interpreter requirements; immigrant family guardianship petitions. Delaware child relocation: advance notice to other parent + Family Court required; multi-factor best-interest analysis (quality of life improvement + preserving non-custodial parent relationship feasibility + good faith of move). Hague Convention: Delaware Family Court or DE District Court may issue return orders for children wrongfully removed/retained outside country of habitual residence (ICARA; 22 U.S.C. sec. 9001+); proximity to PHL + BWI + JFK = international parental abduction risk scenarios. Executive divorce: DuPont SERP + DuPont deferred stock (Corteva + Chemours + DuPont de Nemours conversion from 2017-2019 restructuring) + JPMorgan Chase deferred compensation + financial services executive non-compete obligations.
Delaware alimony (Del. Code Ann. tit. 13, sec. 1512): awarded to either spouse; factors = financial resources of seeking party + standard of living during marriage + duration of marriage + age + physical/emotional condition + financial obligations + ability to meet needs independently + homemaking/childcare contributions + disruption of education/training/employment + employability/earning capacity including education + vocational skills; PURPOSE = generally REHABILITATIVE OR TRANSITIONAL (not permanent); permanent alimony reserved for long marriages where spouse unable to achieve self-sufficiency (age + health + extended workforce absence). Delaware child support (Del. Code Ann. tit. 13, sec. 514): INCOME SHARES MODEL = both parents' incomes considered + guidelines tables by combined income + number of children; adjustments for childcare costs + health insurance + overnight stays (shared residential reduces non-custodial support); Delaware Division of Child Support Enforcement (DCSE; Division of Social Services; Wilmington + Dover offices) establishes + enforces. Delaware protective orders (Del. Code Ann. tit. 10, sec. 1041+): Emergency Protective Orders (EPOs) = law enforcement can issue 24-hour EPOs for immediate danger (expire after 5 days); civil protection order process = victim files petition → ex parte TPO may issue immediately → hearing within 15 DAYS → if DV by preponderance = final order up to 1 year (renewable). Mandatory child abuse reporting: Del. Code Ann. tit. 16, sec. 903+; professionals required to report to Delaware Division of Family Services (DFS). Delaware Legal Aid Society (DLAS; 100 West 10th Street; Suite 801; Wilmington + Dover + Georgetown offices): free civil legal aid for low-income DE residents in family law (protective orders + custody + support + guardianship).

Key Numbers — Delaware All 50 states →

Filing Deadline 2 years

Fault Rule Modified Comparative

Insurance System At-Fault

Key Statute Del. Code tit. 10 § 8119

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Delaware family law and divorce are governed by the Delaware Code Title 13 (Domestic Relations), and administered primarily by the Delaware Family Court -- a specialized court that operates in all three Delaware counties (New Castle County; Kent County; Sussex County) and has exclusive jurisdiction over all Delaware family law matters including divorce, child custody, child support, adoption, protective orders, and termination of parental rights. Delaware's Family Court was established in 1971 as a unified family court -- an early example of the specialized family court model that other states have subsequently adopted.

Delaware divorce is a no-fault state -- Delaware abolished fault-based divorce grounds in 1974 and now provides only one ground for divorce: the irretrievable breakdown of the marriage (Del. Code Ann. tit. 13, sec. 1505(a)). Delaware's elimination of fault grounds predates most other states' no-fault reforms and reflects Delaware's historically progressive approach to domestic relations law. Delaware requires a separation period before divorce: the parties must have lived separate and apart for at least 6 months before filing for divorce (Del. Code Ann. tit. 13, sec. 1505(b)). Delaware is an equitable distribution state -- the Family Court divides marital property "in a just and reasonable manner" considering the factors set forth in Del. Code Ann. tit. 13, sec. 1513. Delaware's equitable distribution analysis places significant emphasis on the respective economic contributions and circumstances of the parties.

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