How to Get a No-Fault Divorce in Delaware – State Requirements and Documents

Do you want to know how to apply for divorce in Delaware?

No-fault divorces are permitted in Delaware. There are several reasons for seeking a no-fault divorce in Delaware, including discord between the parties, misbehavior by one of the spouses, a spouse’s mental disease, or the parties’ choice split. Whatever the cause for the divorce, the Court will want to know that the parties are unlikely to reconcile.

Requirements for Residency

To apply for divorce in Delaware, one or both partners must have lived in the state for at least six (6) months previous to submitting for divorce. If either partner is a member of the armed services stationed in Delaware, he or she must have been stationed in Delaware for at least six (6) months before applying for divorce.

Complete your Forms

When applying for divorce, you must submit certain papers to the Court. Keep in mind that Delaware needs a pair to be parted for at least six (6) months before awarding a divorce. Couples can apply right away, but the judge will not rule until the 6-month period has past. The majority of the documents listed below are accessible through the Delaware State Court’s online divorce package.

The original and one duplicate of each of the following papers are required by the Court. Make a duplicate of each of these papers for your own notes. All individuals applying for no-fault divorce in Delaware must finish and submit the following forms:

Petition for Divorce Information Sheet Division of Public Health/Vital Statistics Form Certified Copy Request for Notice, Answer, or Affidavit of Appearance and Waiver of Rights for Marriage Certificate

After being served, the Defendant has 20 days to submit either the Affidavit or the Waiver, either contesting the facts set forth in the Petition or consenting to the divorce and the contents of the Petition.

Couples with Children Forms:

Certificate of Completion of Parent Education Class Affidavit of Children’s Rights

Additional Forms, if Required:

Affidavit that the address of a party is unknown
Stipulation in the Divorce Settlement Agreement to Include the Separation Agreement
Request to Proceed Without a Hearing Affidavit that a Party’s Social Security Number is Unknown Waiver of Rights Under the Service Members’ Civil Relief Act
Affidavit in Support of the Request to Skip the Hearing
Non-Military Service Affidavit Rule 16(c) Financial Report Affidavit of Mailing Form

Forms Additional

Child support, guardianship, and access may necessitate the use of additional documents. The Delaware Family Court can help you acquire any required documents.

Make duplicates of your forms.

Make at least two duplicates of each document after you have completed it. One pair will be submitted with the Court Clerk’s Office, while the other should be retained for your documents.

Bring your completed forms to your local court clerk’s office and pay the filing fee.

Bring the originals and duplicates of your papers to the Court Clerk’s Office. If everything is in order, the Clerk will use the original papers and charge a filing fee.