If you plan to divorce in Delaware, you need to file the Petition for Divorce with the Family Court of the county you currently live in.
Under state laws, to qualify for the dissolution of marriage or civil union in Delaware, the couple should meet its divorce residency requirements outlined in Title 13 of the Delaware Code. According to it, either one or both spouses must have lived or been stationed as an armed forces member in the state for at least six months immediately before filing the petition. Besides, Delaware courts have jurisdiction over the same-gender marriages solemnized within the state, even if neither spouse is the resident at the moment (13 Del.C. § 1504(a)). Therefore, if both of you live in some other state, but the local courts do not permit the dissolution of your marriage by law, you can be granted divorce in Delaware if your marriage or civil union was concluded here.
Please note that Delaware laws require a mandatory separation period of at least six months before the court may start processing your case, except for situations when marital misconduct is specified as the grounds for divorce. The couple may live in the same dwelling but occupy separate bedrooms and have no sexual relations. Nevertheless, you can file the Petition for Divorce before the end of this separation period.
You should bring the Petition for Divorce to the clerk of the Family Court in the county where either you or the other party lives (13 Del.C. § 1507(c)). Below is the list of Delaware divorce courts’ addresses.
| County | Court Name | Address |
|---|---|---|
| Kent County | Kent County Family Court | 123 Main St, Dover, DE 19901 |
| New Castle County | New Castle County Family Court | 456 Oak St, Wilmington, DE 19801 |
| Sussex County | Sussex County Family Court | 789 Pine St, Georgetown, DE 19947 |
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