Reviewed August 2026
Cost and Filing Fees in Delaware
A Petition for Divorce filed in Delaware Family Court costs $165, plus a $10 court security assessment, for a total of $175, according to the Family Court's Schedule of Assessed Costs. Delaware has one statewide Family Court with three county locations: New Castle, Kent, and Sussex. The fee schedule works the same way in all three. Beyond the base filing fee, the state charges separately for ancillary matters like property division or alimony, and for publishing legal notice when a spouse cannot be located. It also requires at least one spouse to have lived in Delaware for six months before filing, and requires a Parent Education Class in cases involving children. This page covers what Family Court publishes directly on its cost schedule, and flags what you should confirm with the court or self-help resources.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how cost and filing fees works under Delaware law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Delaware paperwork. See how Virdix works for California divorces.
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Filing fee: $165 plus $10 security assessment
Delaware Family Court's Schedule of Assessed Costs lists Civil Filing - Divorce at $165.00. A Petition for Divorce also falls under the $10 Court Security Assessment required by Title 10, Chapter 85, Section 8505 of the Delaware Code, bringing the total to $175. Ancillary matters filed with or after the divorce, such as property division, alimony, or a separation agreement, cost $90 per matter. The court will not charge this twice if the petitioner already paid for the same matters.
Publication costs when a spouse cannot be located
If you cannot serve your spouse directly and the court orders notice by publication, Delaware Family Court's Legal Notices website lets you publish at no cost. If a litigant chooses a newspaper instead, or the court requires it, the fee is $75 in New Castle County (The News Journal) or $25 in Kent and Sussex County (Delaware State News).
Fee waivers and low-income help
Delaware's divorce self-help materials point filers who cannot afford court costs to Legal Help Link (delegalhelplink.org) to check eligibility for free legal services. The Family Court's published materials do not name a specific in forma pauperis or fee-waiver form. Call the Family Court clerk's office in your county to ask about the current process for requesting a fee waiver.
Parenting class and other requirements
Delaware requires at least one spouse to have lived in the state for six months immediately before filing for divorce or annulment. It generally requires a six-month separation period too, unless you file on misconduct grounds. Family Court's divorce materials require a Parent Education Class for cases involving children, with a list of approved seminars. The standard cost of the class is not published on the Family Court's site; confirm the current fee with the approved provider or your local Family Court.
What drives the total cost up
Delaware's cost schedule shows that added matters and procedures each carry their own charge: ancillary matters like property division or alimony run $90 per matter, a motion under Family Court Civil Rule 60(b) costs $90, and review of a Commissioner's Order costs $110. Beyond these scheduled costs, a contested divorce involving discovery, additional motions, contested hearings, or expert witnesses such as appraisers adds expense well beyond the base $175 filing cost. Delaware's courts do not publish average attorney fee figures. This page does not estimate a total cost, because it depends on how contested the case becomes.
Sources: Delaware Family Court: Schedule of Assessed Costs (effective 7/20/26), Delaware Family Court: Fees, payment options, and payment locations, Delaware Family Court: Divorce/Annulment
Not independently confirmed
- Name and form number of Delaware Family Court's fee-waiver / in forma pauperis mechanism
- Standard dollar cost of the required Parent Education Class
- Standard state marshal/constable service of process cost
- Any e-filing convenience fee for divorce case documents
Cost and Filing Fees in Delaware: frequently asked questions
How much does it cost to file for divorce in Delaware?+
Delaware Family Court charges $165 for a Civil Filing - Divorce, plus a $10 court security assessment, for a total of $175, per the court's Schedule of Assessed Costs. This fee applies the same way at the New Castle, Kent, and Sussex County Family Court locations.
Can I get my Delaware divorce filing fee waived?+
Delaware's divorce self-help materials point filers who cannot afford court costs to Legal Help Link (delegalhelplink.org) to check eligibility for free legal help. The Family Court's published materials do not name a specific fee-waiver form, so ask the clerk's office in your county about the current process.
What does an ancillary matter cost in a Delaware divorce?+
Ancillary matters like property division, alimony, or a separation agreement cost $90 per matter in Delaware Family Court. The court will not charge this twice if the petitioner already paid for the same matters when filing.
Do I have to pay for a parenting class in a Delaware divorce with kids?+
Delaware Family Court requires a Parent Education Class in cases involving children, using a list of approved seminar providers. The standard cost is not published on the Family Court's site, so confirm the current fee with the approved provider or your local Family Court.
What if I need to publish divorce notice because I can't locate my spouse in Delaware?+
Publishing through Delaware Family Court's Legal Notices website is free. If you or the court choose newspaper publication instead, the fee is $75 in New Castle County or $25 in Kent and Sussex County.
Does Delaware publish average attorney fees for divorce?+
No. Delaware Family Court does not publish average or typical attorney fee amounts for divorce cases. Attorney fees vary by firm and by how contested the case gets, and the courts do not track or report them.
This page is general information about cost and filing fees in Delaware, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Delaware's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Delaware. Virdix does not prepare or file Delaware divorce paperwork. It is not a substitute for an attorney licensed in Delaware.
More Delaware divorce guides
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