If your marriage is ending, you're fighting over the kids, or you've been served with a Protection From Abuse petition, every move you make in Delaware Family Court counts — and the deadlines are short. You don't have to figure it out alone at 2 a.m. Call 1-844-690-0555 and talk to a free AI legal assistant trained on Delaware's Domestic Relations code and the Family Court's process. It gives you legal information — not legal advice — instantly, in plain English, with no income test and no form to fill out.
Free legal information. Not legal advice. Available 24/7 across Delaware.
Right now: write down the date you and your spouse started living separately — Delaware's no-fault divorce normally needs six months of separation, and that clock matters. If a PFA has been filed against you, read the hearing date on the papers; a full hearing happens within 15 days and missing it can mean an order entered without you. If you fear for your safety, you can file your own PFA petition at Family Court the same day. Before you sign anything or agree to a parenting schedule, call 1-844-690-0555 for free legal information on where you actually stand.
Here's what blindsides people: Delaware's six-month separation requirement is not a six-month waiting period that starts when you file. It runs backward from the day the court rules, and for ordinary no-fault grounds you must already be living 'separate and apart' — which Delaware uniquely allows you to do under the same roof, in separate bedrooms, once you've stopped functioning as a married couple. Wait to move out and you may restart the clock; file on a misconduct or mental-illness ground and there's no separation period at all. Getting this wrong can cost you months. Before you assume your timeline, call 1-844-690-0555 for free legal information on which ground fits your situation.
If money is tight, Delaware has real, free and low-cost help for family matters. These organizations are genuine and current — start here, then call 1-844-690-0555 for free legal information on your specific deadline.
Do I need to prove fault to get divorced in Delaware?
No. Delaware is a pure no-fault state. The only ground is that the marriage is irretrievably broken and reconciliation is improbable (13 Del. C. § 1505). You don't have to prove adultery or cruelty — and proving it won't get you more property either. For free information on which path fits your case, call 1-844-690-0555.
How long do I have to be separated before I can divorce in Delaware?
For ordinary no-fault grounds, you must live separate and apart for six months before the court rules. Delaware lets you meet that test even living under the same roof if you've truly stopped being a couple. If your divorce is based on the other spouse's misconduct or mental illness, no separation period applies. Call 1-844-690-0555 for free legal information on timing your case.
Is Delaware a 50/50 community property state?
No. Delaware uses equitable distribution under 13 Del. C. § 1513, which means the Family Court divides marital property in the proportions it considers fair — which may or may not be equal. The court divides it without regard to who was at fault in the marriage. Call 1-844-690-0555 to learn how the § 1513 factors could apply to you.
How is child support calculated in Delaware?
Delaware uses the Melson Formula, a method created here and used in only a few states. It reserves a self-support amount for each parent, covers the children's primary needs, then shares remaining income through a Standard of Living Adjustment. Out-of-state calculators are usually wrong for Delaware. Call 1-844-690-0555 for free information on how Melson works.
How does the court decide custody in Delaware?
By the best interests of the child under 13 Del. C. § 722, weighing eight factors including each parent's and the child's wishes, the child's relationships and adjustment, everyone's health, each parent's track record, and any history of domestic violence. The court can't favor a parent based on sex. For free legal information on your custody situation, call 1-844-690-0555.
How long can alimony last in Delaware?
Under 13 Del. C. § 1512, a dependent spouse is generally eligible for alimony for no more than 50% of the length of the marriage. If the marriage lasted 20 years or more, there is no statutory time limit. Property you receive in the divorce can reduce or eliminate alimony. Call 1-844-690-0555 for free information on what this could mean for you.
How do I get a Protection From Abuse (PFA) order in Delaware?
You file a PFA petition at Family Court under 10 Del. C. § 1041. If there's an emergency, a judicial officer can issue an ex parte order the same day or next business day that lasts up to 30 days, and a full hearing is held within 15 days. It's free to file. For free legal information on the process and your safety options, call 1-844-690-0555.
What happens if a PFA is filed against me?
Read the papers immediately for your hearing date — a full hearing is held within 15 days, and a final order can be entered even if you don't appear. A PFA can affect where you live, contact with your children and your firearm rights. This is serious, and you should understand it fast. Call 1-844-690-0555 for free legal information before that hearing.
Do I have to take a parenting class to divorce in Delaware?
If you have minor children, yes. Both parents must complete a certified Separating & Divorcing Parenting Education course under 13 Del. C. § 1507, and the certificate must be filed before the divorce is finalized. Call 1-844-690-0555 for free information on the steps to finalize your divorce.
How much does it cost to file for divorce in Delaware?
The Family Court divorce filing fee is roughly $165 (the filing fee plus a court security fee), and fee waivers may be available if you can't afford it. Other costs depend on whether your case is contested. Call 1-844-690-0555 for free legal information, and ask about the legal-aid options if cost is a concern.
Which court handles family cases in Delaware?
The Family Court of the State of Delaware has exclusive jurisdiction over divorce, custody, support, alimony and PFA matters across New Castle, Kent and Sussex counties. Appeals go to the Delaware Supreme Court in Dover. Call 1-844-690-0555 for free legal information on what to expect in your county's Family Court.
Is Legal Hotline a law firm? Will calling get me a lawyer?
No. Legal Hotline is not a law firm and not a public defender. The call gives you free legal information — not legal advice — and creates no attorney-client relationship. If you decide you want representation, we can help you book a paid consultation with a Delaware-licensed attorney. Start free at 1-844-690-0555.
We connect Delawareans facing divorce, custody, support and PFA matters with vetted, licensed local attorneys. If you practice family law in New Castle, Kent or Sussex County and want to receive matched consultation requests, join our referral network. (This is for attorneys only — if you need help with your own case, call 1-844-690-0555.)
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Whether you're starting the six-month clock, working out custody under the eight § 722 factors, facing a Melson child-support calculation, or staring at a PFA hearing date, the smartest first move is to know where you stand — before you sign or agree to anything. Call 1-844-690-0555 now. It's free, it's available 24/7, there's no income test and no form to fill out. You'll get clear legal information on your Delaware family law situation in minutes — and if you want a lawyer, we'll help you take the next step.
Free legal information. Not legal advice.