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Delaware: divorce rules by state

How long you must live in a state before filing for divorce, how long you wait after filing, and any separation the state requires.

Residency requirement6 months (one spouse)
Residency law13 Del. C. § 1504
Waiting period after filingNone after filing
Separation required (no-fault divorce)Must have lived apart 6 months before the decree (13 Del. C. § 1505)

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in Delaware.

Also for Delaware: Car insurance by state in Delaware · Discrimination deadlines in Delaware · Workers' comp deadlines in Delaware · Small estate limits in Delaware · Small claims limits in Delaware · Homestead exemptions in Delaware · Claim deadlines in Delaware · Paid leave programs in Delaware · DUI penalties in Delaware · Medicaid long-term care in Delaware

How we checked this

Residency rules come from a statute-cited 50-state chart and were compared with two other 50-state tables. Disputed states were checked on the state's own code. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   From a statute-cited table one detailed source   Under review sources disagree; read the note and the law.