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Delaware State Laws
Updated for 2026

Delaware Divorce Laws

Your complete guide to divorce in Delaware. Delaware uses the unique Melson Formula for child support and has no mandatory waiting period.
6 months
Residency Required
None
Waiting Period
Equitable
Property Division
$12,000
Average Cost

Understanding Delaware Divorce Law

Property Division

Delaware follows Equitable Distribution. Courts divide marital property fairly based on relevant factors.
Fair Division

Grounds for Divorce

No-Fault: Incompatibility or voluntary separation. Delaware is a pure no-fault state.
No-Fault Only

Child Custody

Courts determine custody based on the best interests of the child with emphasis on maintaining relationships.
Best Interests

Child Support - Melson Formula

Delaware uses the unique Melson Formula, which ensures parents basic needs are met before calculating support.
Melson Formula

Child Custody Factors

1
Wishes of child and parents
2
Childs relationship with parents and siblings
3
Childs adjustment to home, school, community
4
Mental and physical health of all individuals
5
Past and present compliance with parental rights
6
Any evidence of domestic violence
7
Criminal history of any party

Spousal Support

Temporary Alimony

Support during proceedings

Rehabilitative Alimony

Support for education or training

Permanent Alimony

Ongoing support for long marriages

Key Statutes

13 Del. C. 1505
Grounds for Divorce
Incompatibility as no-fault ground
13 Del. C. 1513
Property Division
Equitable distribution of marital property
13 Del. C. 722
Child Custody
Best interests of child standard
13 Del. C. 514
Child Support
Melson Formula guidelines

Recent Changes

2024
Melson Formula Updates
Delaware updated the Melson Formula to reflect current cost of living standards.
2023
Virtual Hearings
Permanent authorization for virtual family court hearings in certain cases.

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