Delaware Online Divorce
How to File Your Own Divorce in Delaware
Outlined below is some background information you should know about filing for a divorce in Delaware. Once you become acquainted with this information, you can take our quiz to see if you qualify for the Delaware online divorce.

Using our online divorce is a quick and easy way to get all the completed documents you need in order to file for your own, uncontested divorce, while avoiding having to pay exorbitant attorney fees.

Residency Requirements

Every state has a set of residency requirements that must be met by the filing spouse in order for the court to have jurisdiction over the divorce proceedings. If you don't meet the residency requirements of the state you're trying to file in, the case may get dismissed by the court. The residency requirements in Delaware are as follows:

  • Either petitioner or respondent, at the time the action is commenced, must actually reside in this State, or is stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action
  • The divorce may be filed in the county in which either spouse resides.

  • (Delaware Code - Title 13 - Chapters: 1504, 1507)

Grounds for Divorce

There are also grounds each state will allow you to file under when filing for a divorce. The ground for divorce is the reason that you and your spouse are filing for a divorce. The following are the grounds for divorce in Delaware:

  • The marriage is irretrievably broken and reconciliation is improbable
  • The marriage is irretrievably broken where it is characterized by:
    • Voluntary separation
    • Separation caused by respondent's misconduct
    • Separation caused by respondent's mental illness
    • Separation caused by incompatibility
  • Temporarily sleeping in the same bedroom and resumption of sexual relations shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the filing date

  • (Delaware Code - Title 13 - Chapters: 1505)

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