Delaware Family Court: A Self-Represented Parent's Guide

Delaware family law is governed by Title 13 of the Delaware Code. The state uses a best-interests standard and applies the Melson Formula for child support calculations.

Family law in Delaware is set out mainly in the Delaware Code Title 13 - Domestic Relations. The legislature writes the substantive rules, including how custody is decided, how child support is set, and the grounds for divorce. The Delaware courts add the procedural rules that control filing, service, and hearings, and published appellate decisions explain how those statutes are applied. Delaware sets child support with the Melson Formula model under Del. Fam. Ct. Civ. R. 500-509 (Delaware Child Support Formula).

Family cases in Delaware start at the trial-court level, where a judge, and in many places a magistrate or commissioner, hears filings, temporary motions, and trials under the Delaware Code Title 13 - Domestic Relations. Child support brought through the state program is handled by the Delaware Division of Child Support Services (DCSS). Final orders can be appealed, but the appeals court gives strong weight to the trial judge's findings of fact.

These mechanics apply to most Delaware family cases no matter the subject. Getting them right is the difference between a case that moves forward and one that stalls. Where you file: Delaware family cases are filed with the court that covers where a parent or the child lives. The Delaware courts publish the forms and an e-filing portal online (see the official sources below). Cost to file: Divorce filing fee: ~$155. If money is tight, ask the clerk for a fee waiver before you file. Financial disclosure: Delaware requires both parents to file a sworn financial statement of income, expenses, assets, and debts. The court cannot set support or divide property without it, and a missing or wrong one is a common reason a case is delayed. Mediation and ADR: Many Delaware courts ask parents to try mediation before a contested custody hearing. What is said in mediation is usually confidential and kept out of the trial. Child support basics: Delaware bases support on net income after allowable deductions using the Melson Formula model. A shared-parenting formula lowers the amount as overnights even out between the homes. Changing an order later: Final orders bind both parents once entered. For child support, Delaware's general trigger to revisit the amount is: either party can request modification 2½ years after the order or sooner upon a real and substantial change of circumstances.

Common words you will see in Delaware family court filings and orders. Definitions are general and can vary by context. Custody and residential placement: The term Delaware uses for the legal and day-to-day care of a child after parents separate. The court decides it under the best interests of the child standard. Melson Formula: A model that protects each parent's own basic living needs first, then puts a share of the income that is left toward the children. Delaware Division of Child Support Services (DCSS): The Delaware state child support program (its Title IV-D agency) that helps establish, collect, and enforce support, often at low or no cost. Financial affidavit / statement: A sworn list of your income, expenses, assets, and debts that the court needs before it can set support or divide property. Petitioner / Respondent: The parent who files the case is the petitioner; the parent who is served is the respondent. Modification: A request to change an existing order after a real change in circumstances. Delaware's child support trigger: either party can request modification 2½ years after the order or sooner upon a real and substantial change of circumstances. Contempt: A finding that a parent willfully broke a court order. Remedies can include make-up parenting time, fines, fees, and in serious cases jail. Income withholding: Automatic deduction of child support from the paying parent's wages, usually set up together with the support order.

Delaware courts hold parents without a lawyer to the same rules as attorneys, but real free help exists. The points below come up again and again.

Use the official Delaware court forms and self-help pages, not random templates from the internet, the clerk will reject an out-of-date or wrong form.

Delaware lists a self-help center and a forms library online (linked in the official sources below); start there before you pay anyone.

Budget for the Delaware filing fee and ask the court for a fee waiver up front if money is tight, the clerk has the form.

File your financial statement on time and make it accurate, many delays and contempt findings trace back to a missing or false one.

Email, texts, and social media posts are routinely used as evidence, assume anything you write could end up in front of the judge.

An agreement you put on the record in court is hard to undo later, so do not agree to terms you do not fully understand.

Check any fee, form, statute, or deadline against the current official version before you rely on it. These are the primary Delaware sources. Delaware Judicial Branch (courts.delaware.gov): The official Delaware courts website, with the court directory, rules of procedure, and e-filing. Delaware self-help center (courts.delaware.gov): Plain-language help, instructions, and forms for people handling a case without a lawyer. Delaware family law forms (courts.delaware.gov): The official forms library for divorce, custody, support, and fee waivers. Delaware e-filing portal (fileandservedelaware.com): Where you file and track your documents online if your court accepts e-filing. Delaware Code Title 13 - Domestic Relations (courts.delaware.gov): The statute that governs divorce, custody, and child support in Delaware. Delaware Division of Child Support Services (DCSS) (dhss.delaware.gov): The state child support agency that establishes, collects, and enforces support orders.

Delaware courts apply state-specific statutes alongside several federal frameworks: the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) for interstate custody, the Uniform Interstate Family Support Act (UIFSA) for cross-state child support enforcement, the Servicemembers Civil Relief Act (SCRA) for active-duty parents, and the Indian Child Welfare Act (ICWA) where applicable. Procedural details, including filing fees, mediation requirements, parenting class providers, and standing administrative orders, are set at the county level and change frequently.

Frequently asked questions

What is the Melson Formula?

Delaware uses the Melson Formula, a variation of the income shares model that accounts for each parent's basic needs before calculating support obligations.

How is custody determined?

Delaware courts consider the best interests of the child under § 722, evaluating factors like each parent's relationship with the child and the child's adjustment to home and school.

Is there a waiting period for divorce?

Delaware requires the spouses to have lived separate and apart for at least six months before filing for no-fault divorce.

Does Delaware require a parent education course?

Yes. Under 13 Del. C. § 1507, parents in custody or divorce proceedings involving minor children must complete a Family Court-approved parenting education course.

Where do I file family law cases in Delaware?

Family law matters in Delaware are filed in the Family Court of Delaware, which has exclusive jurisdiction over divorce, custody, and support.