Delaware
Divorce, lawyers, and free legal help in Delaware — verified against official sources.
How divorce filing works in Delaware
Delaware's Family Court runs divorce instruction packets with downloadable forms (including the divorce petition, Form 442). Start there before anything else.
Delaware Courts — Divorce/Annulment, Family Court
Instruction packets and downloadable divorce forms from Delaware's Family Court.
courts.delaware.gov — divorce →Find a divorce lawyer
Delaware State Bar — Public Resources
The Bar's Online Lawyer Referral Service (initial 30-minute consult $35), plus the free Legal HelpLink.
dsba.org — public resources →New to hiring a lawyer? Read Start Here first — it covers what to ask and what to bring.
Free or low-cost legal help
Delaware Legal Help Link
A free public service run by Delaware's nonprofit civil legal-aid providers and justice partners.
delegalhelplink.org →Report Child Abuse or Neglect
Call 1-800-292-9582 — Delaware's Child Abuse and Neglect Report Line (DSCYF), 24/7. Online reporting at iseethesigns.delaware.gov.
kids.delaware.gov →Delaware Automatic Residential Mortgage Foreclosure Mediation Program
The Attorney General's statewide mandatory mediation program (running since 2012), free for eligible owner-occupied 1–4 unit homeowners; hotline (800) 220-5424. Also free: DSHA foreclosure-prevention counseling with certified housing counselors.
attorneygeneral.delaware.gov — foreclosure mediation →Delaware State Housing Authority — Foreclosure Prevention
Free certified housing counselors for Delaware homeowners facing foreclosure.
destatehousing.com — foreclosure prevention →Call 211
Free, confidential referrals to local help. Dial 211 from any phone.
211.org →Delaware Domestic Violence Hotlines
24-hour hotlines: (302) 762-6110 (New Castle County) and (302) 422-8058 (Kent & Sussex), via the Delaware Domestic Violence Coordinating Council; coalition line 1-800-701-0456.
dvcc.delaware.gov →Unpaid wages in Delaware
Your boss owes you pay and won't hand it over? Here's where to file and how long you have in Delaware.
Where to go
Delaware Department of Labor, Office of Labor Law Enforcement
Time limit to file
1 year
What the floor is
$15.00 (2025)
Changing your name in Delaware
Whether it's marriage, divorce, or just time for a fresh start — here's the process in Delaware.
How it works
petition the Court of Common Pleas
Typical court fee
~$78–$85
Newspaper notice required?
yes (once a week for 3 weeks)
Small claims court in Delaware
Suing someone without a lawyer, for smaller amounts, in a simpler court. Here's how it works in Delaware.
Maximum claim
$25,000
Filing fee
$35–$45 depending on claim size
Can you bring one?
yes — parties may appear on their own or with a lawyer
Clearing your criminal record in Delaware
Expungement or sealing can hide eligible arrests and convictions from background checks. Here's where Delaware stands.
Can records be cleared?
yes — expungement
What qualifies
non-conviction records; misdemeanors; single non-violent felony (must show manifest injustice)
Waiting period
3–7 years depending on offense; none for non-convictions
Learn more about clearing your criminal record in Delaware →
Child support in Delaware
How child support gets calculated — and when it ends — in Delaware.
How it's figured
Melson formula Melson Formula in Del. Fam. Ct. Civ. R. 500-509; online calculator on courts.delaware.gov
When it ends
age 18, or 19 if still in high school
Lemon law in Delaware
Bought a new car that's constantly in the shop? Delaware's lemon law may get you a refund or a replacement.
Which vehicles qualify
new purchased or leased passenger vehicles only (used vehicles not covered)
When it's legally a lemon
4+ repair attempts for same defect or 30+ calendar days out of service within warranty term or 1 year
What you get
refund or comparable replacement vehicle (consumer may refuse replacement)
Tenant rights in Delaware
Renting comes with rights most people never hear about until something goes wrong. Here are the key ones in Delaware.
Notice before eviction
60 days to end month-to-month; 5-day notice to pay for nonpayment
Deposit limits & return
Max 1 month's rent for tenancies of 1 year or longer (no cap for furnished units); return within 20 days with an itemized list
When the landlord won't fix things
May repair and deduct up to $400 or half a month's rent (whichever is less) after written notice
DUI / DWI in Delaware
Driving under the influence carries some of the stiffest penalties in everyday law. Here's how Delaware handles it.
Blood alcohol (BAC) limit
0.08; longer license revocation at 0.15 and 0.19
Typical penalties
Up to 12 months in jail, $500-$1,500 fine, 12-month license revocation
How far back DUIs count
10 years for a second offense; lifetime for third and later
Gun laws in Delaware
Gun laws vary a lot from state to state — what's perfectly legal in one state can be a crime in another. Here's the big picture for this state. Laws change often, so double-check anything before you act.
Carrying a concealed handgun
Permit required; may-issue (Superior Court, 'good moral character' standard); 18+
Carrying openly
Generally allowed without a permit
Background checks & waiting periods
Private sales: Background check required through a licensed dealer (limited exceptions) No waiting period.
Extreme risk protection
Yes — (Lethal Violence Protective Orders). Courts can temporarily order firearms removed from someone found to be a danger.
Reciprocity
Recognizes permits from a limited list of states, published annually by the AG
Filming the police: your rights in Delaware
Federal appeals courts across the country have recognized a First Amendment right to photograph and record police officers performing their official duties in public. The U.S. Supreme Court has not ruled on it directly. The right does not protect interfering with officers, trespassing, or breaking other laws while you record.
All-party consent
State law generally requires everyone recorded to consent — but on-duty officers in public have no reasonable expectation of privacy, so courts have held that recording them is protected. (11 Del. C. § 1335(a)(4))
No buffer-zone law
Delaware has no law setting a minimum distance for filming police. You still must not interfere with officers doing their jobs.
Delaware has two recording statutes that appear to conflict (§ 2402(c)(4) reads one-party; § 1335(a)(4) requires all-party consent), and no court has resolved it — treat it as all-party to be safe. Either way, the 3rd Circuit (Fields v. City of Philadelphia, 2017) protects filming police in public.
Drug & alcohol addiction help in Delaware
Addiction is a health issue, and help is out there — including court programs that can send people to treatment instead of jail. No insurance needed to call.
SAMHSA National Helpline
Free, confidential referrals to treatment — call 1-800-662-4357 (English & Spanish).
Human trafficking victims in Delaware
If you or someone you know is being forced to work or forced into sex against their will, you are a victim of a crime and help is available — immigration status does not matter.
National Human Trafficking Hotline
Call 1-888-373-7888 or text 233733 — free, confidential, for victims and anyone who suspects trafficking.
Bullying in Delaware
Every state has an anti-bullying law, and every school must have a plan. If your child is being bullied, document what happens and report it in writing to the school — and know what your state’s law requires.
Homelessness help in Delaware
If you are homeless or at risk of losing your housing, help is close by. Shelters, food, health care, and long-term housing programs exist in every community.
211 homeless services
Dial 211 and press 6 for homeless services in your area.
VA homeless veterans
Homeless veterans: call the VA National Call Center at 1-877-424-3838 (877-4AID-VET), 24/7.
Deed fraud & squatters in Delaware
Thieves can forge a deed to steal your home’s title — many counties offer free recording alerts that notify you if anything is filed against your property. And if someone is living in your property without permission, your state has specific rules for removing them: you generally cannot just change the locks.
FBI: protect your property from deed fraud
FBI Internet Crime Complaint Center alert on parcel-owner impersonation →