Skip to content
Oakclause

Divorce Waiting Period in Delaware

In Delaware, a petition can be filed at any time after separation, but the court cannot rule on the divorce until the spouses have been separated for 6 months, which can include living under the same roof in separate bedrooms.

Last checked . General information, not legal advice.

Delaware at a glance

Separation required
Yes, 6 months
Separation can happen under the same roof if spouses use separate bedrooms and have no sexual relations. No separation period applies when separation is caused by misconduct.

Sources

Last checked

The rules in Delaware

Do spouses have to live apart before a no-fault divorce in Delaware?

Separation required in Delaware: Yes, 6 months. Separation can happen under the same roof if spouses use separate bedrooms and have no sexual relations. No separation period applies when separation is caused by misconduct.

Where do the Delaware divorce waiting periods come from?

The rules above come from Del. Code tit. 13, 1503 and Del. Code tit. 13, 1507. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.