Legal Information: Delaware


November 4, 2022

Do I need a lawyer?

You don’t need a lawyer to file for divorce. However, divorces can become very complicated, especially if there are custody or property division and support issues involved. It may be in your best interest to hire a lawyer, especially if your spouse has one.

It is very difficult to predict how much a divorce will cost. It will depend on many factors, including things like how much your lawyer charges per hour, what kinds of issues are involved in the case and how complicated they are, whether you need any experts such as psychologists, whether a guardian ad litem is appointed for your child(ren), and whether or not you and your spouse can agree on any of the issues. Also, depending on the situation, the court may order your spouse, based on the financial resources of both parties, to pay all or party of your attorneys’ fees,1 so you may want to speak with your attorney about this.

If you can’t afford an attorney, you may be able to get free legal services. You may be able to find an attorney on our DE Finding a Lawyer page. If you do decide to represent yourself, you may be able to find some helpful forms on the Delaware State Courts website.

1 13 Del.C. § 1515

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

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