Does Delaware have Jurisdiction for your divorce?

Either the petitioner or respondent, at the time the divorce was filed, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the filing of the divorce.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.


You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have a Delaware address in the county where you are filing your divorce. Delaware civilian residents living overseas may file in Delaware if they have maintained their residency in Delaware.