Divorce Costs in Delaware
Equitable Distribution • No-Fault & Fault-Based
Filing Fee
$160
Avg. Attorney Rate
$300/hr
Timeline
4 months
Waiting Period
None
Property Division
Equitable Distribution
Fault Type
No-Fault & Fault-Based
Key Cost Factors
State Overview
Delaware is an equitable distribution state, meaning marital assets are divided fairly but not necessarily equally.
Delaware allows both no-fault and fault-based divorce grounds. There is no mandatory waiting period.
The average attorney rate in Delaware is $300 per hour. An uncontested divorce typically costs $1,800 to $5,000, while a contested divorce can range from $12,000 to $40,000.
How to Reduce Divorce Costs in Delaware
Consider an uncontested divorce. If you and your spouse can agree on key issues, an uncontested divorce in Delaware can cost as little as $1,800 — saving tens of thousands compared to litigation.
Try mediation first. Mediation typically costs $3,000–$7,000 and can resolve disputes faster and cheaper than going to court.
File pro se for simple cases. If you have no children, minimal assets, and both agree, you can file without an attorney. Delaware's filing fee is just $160.
Organize your finances beforehand. Having all financial documents ready reduces the hours your attorney spends on discovery, lowering your bill at $300/hr.
Use a limited-scope attorney. Instead of full representation, hire a lawyer only for specific tasks like reviewing your settlement agreement — this can cut attorney costs by 50–70%.
Key Facts About Divorce in Delaware
- Residency Requirement: 6 months
- Grounds for Divorce: Irretrievable breakdown or fault-based grounds
- Cooling-Off Period: No mandatory waiting period
- Mediation: Optional but recommended
- Property Division: Equitable distribution (fair but not necessarily equal)
- Filing Fee: $160