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Legal Information: Delaware


April 8, 2020

What are the residency requirements to file for divorce in Delaware?

To file for divorce in Delaware, either spouse must live in the state or be stationed in the state as a member of the armed services of the US for at least 6 months before the filing of the petition.1  Note: The court can have jurisdiction (power) over divorces and annulments of same-gender marriages that are solemnized in Delaware or created by conversion of civil unions pursuant to the laws of Delaware, even if neither resides in Delaware.  For more information, please consult an attorney.  You can find legal referrals on our DE Finding a Lawyer page.

1 13 Del.C. § 1504(a)