Delaware Divorce Cost Estimator
Estimate your total cost of divorce in Delaware using verified state data. Filing fees, attorney rates, child support, and alimony, all in one place.
Delaware divorces typically cost 34% less than the national average of $12,900.
Divorce in Delaware
- Property system
- Equitable distribution
- Filing fee
- $165
- Waiting period
- 180 days
- Residency requirement
- 180 days
- Uncontested cost range
- $2,000 - $5,000
- Attorney hourly rate
- $250/hr - $450/hr
Divorce Cost Estimator in Delaware: What You Should Know
Delaware's biggest cost driver is time. The state requires spouses to be separated for six months before the court will grant a final decree, so even an agreed divorce takes months to finish. The filing fee is a low $165, and attorney rates of $250 to $450 per hour are moderate, putting uncontested cases around $2,000 to $5,000 and contested cases in the $12,000 to $40,000 range. Delaware uses the Melson formula for child support, a more detailed calculation than the income shares model that builds in a self-support reserve for each parent. Property is divided equitably.
Key point: Delaware requires a six-month separation before a final divorce decree, which sets the floor on how fast any case can finish regardless of how much the spouses agree.
Where will you file, and what type of divorce are you expecting?
Locked to Delaware on this page.
Divorce Cost in Delaware - Frequently Asked Questions
How much does divorce cost in Delaware?
An uncontested divorce in Delaware typically runs $2,000 - $5,000, while a contested divorce ranges from $12,000 - $40,000. Your actual cost depends on whether you and your spouse agree on the major terms, how complex your assets are, and whether children are involved. The calculator on this page gives you a personalized estimate based on your situation.
What is the filing fee for divorce in Delaware?
The court filing fee for divorce in Delaware is $165. Add about $50 for serving papers on your spouse. Filing fees vary by county, so check with your local court for the exact amount. Fee waivers are available if you cannot afford to pay.
How long does divorce take in Delaware?
An uncontested divorce in Delaware usually takes about 3 months from filing to final judgment, while contested cases average around 12 months. Delaware requires a mandatory waiting period of 180 days after filing before a divorce can be finalized. You also need to meet a residency requirement of 180 days before filing.
Do I need a lawyer to file for divorce in Delaware?
No, Delaware allows you to file for divorce without a lawyer (called pro se filing). For uncontested divorces with no children and few shared assets, many people file successfully on their own. If your case involves children, retirement accounts, real estate, a business, or any disagreement, hiring an attorney is strongly worth considering. Delaware attorneys typically charge $250/hr - $450/hr.
How is property divided in a Delaware divorce?
Delaware follows equitable distribution, meaning the court divides marital assets fairly based on the circumstances, not always equally. Marital property generally includes assets and debts acquired during the marriage, while separate property (assets owned before marriage or received as gifts or inheritance) usually stays with the original owner. Retirement accounts, real estate, business interests, and pensions often need a Qualified Domestic Relations Order (QDRO) to divide, which typically costs $500 to $1,500 in Delaware.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.