Residency Requirements
In order to file for divorce in Delaware one or both spouses must have resided in Delaware for at least six (6) months immediately prior to filing for the divorce. If either spouse is a member of the armed forces stationed in Delaware, such spouse must have been stationed in Delaware at least six (6) months immediately prior to filing for divorce.
Fill Out your Forms
When filing for a divorce you must file certain documents as required by the Court. Keep in mind Delaware requires that a couple be separated for a minimum of six (6) months before granting a divorce. Couples can file immediately, but the court will postpone ruling until the 6 months has passed. Most of the following forms are available through the Delaware State Court's online divorce packet.
The Court requires the original and one copy of each of the following forms. Make sure you keep your own copy of these forms for your own records. The forms to be completed and filed by all people filing for no-fault divorce in Delaware include:
- Petition for Divorce
- Information Sheet
- Division of Public Health/Vital Statistics Form
- Certified Copy of you Marriage Certificate
- Request for Notice
- Answer or Affidavit of Appearance and Waiver of Rights
Once served, the Defendant has 20 days to file either the Affidavit or the Waiver, either disputing the facts set out in the Petition or agreeing to the divorce and the Petition's contents.
Forms for Couples with Children:
- Affidavit of Children's Rights
- Certificate of Completion of Parent Education Class
Additional Forms if Applicable:
- Affidavit that a Party's Address is Unknown
- Divorce Settlement Agreement
- Stipulation to Incorporate the Separation Agreement
- Affidavit that a Party's Social Security Number is Unknown
- Waiver of Rights Under the Service members' Civil Relief Act
- Request to Proceed Without a Hearing
- Affidavit in Support of the Request to Proceed Without a Hearing
- Affidavit of Non-Military Service
- Rule 16(c) Financial Report
- Affidavit of Mailing Form
Additional Forms
Additional forms may be required for issues of child support, custody and visitation. The Delaware Family Court can assist you obtaining any necessary forms.
If both parties are in agreement regarding their divorce they should complete a Divorce Settlement Agreement. You can use Rocket Lawyer's easy interview process to complete this agreement, which outlines the terms of the division of property, assets and debts in your divorce. Completing this document will help you avoid the cost and time involved in going to trial but is contingent on the parties being in agreement.
Make Copies of your Forms
Once you have filled out the appropriate forms, make at least two copies of each. One set will be filed with your Court Clerk's Office, and one should be kept for your records.
Bring your Completed Forms to your Court Clerk's Office and Pay the Fee
Proceed to your Court Clerk's Office with the originals and copies of your forms. If everything is in order, the Clerk will use the original forms and ask you to pay a fee to file.
Additional Assistance
You can use Rocket Lawyer to Find a Lawyer in your area who can provide you with further assistance in completing your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
