The State of Delaware recognizes no-fault divorces. Delaware permits several grounds for filing a no-fault divorce such as incompatibility between the parties, misconduct by one of the spouses, a spouse's mental illness, or voluntary separation of the parties. Regardless of the reason for the divorce, the Court will want to know that the parties are not likely to reach any reconciliation.

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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.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.

Get started Visit our Divorce Center Get divorce documents and ask a lawyer your questions.