Why Divorce.com?
Why Choose Divorce.com?
Divorce.com is an online service that significantly simplifies preparations for uncontested divorce. The website allows couples who can resolve disputes outside court to obtain divorce documents quickly without leaving home.
Delaware Divorce Forms
Basic mandatory forms include Petition for Divorce/Annulment, Vital Statistics Sheet, marriage certificate, Information Sheet, and Request for Notice. Additional situational forms address child custody, support calculations, and financial disclosures.
Filing for Divorce in Delaware
Process requires residency verification, grounds statement, filing with appropriate county court, service of process to respondent, six-month waiting period (except fault cases), and final decree issuance following trial or uncontested review.
Delaware
Divorce Forms
All the forms required
The blank forms to initiate a divorce in Delaware may be obtained at the online governmental resources in the self-help sections. The necessary documentation for each divorce case depends on the circumstances.
Basic Mandatory Forms
The essential paperwork required to start a divorce includes:
Petition for Divorce/Annulment (Form 442)
Vital Statistics Sheet (Form 441 or Form 441SS)
Original or certified copy of a marriage/civil union certificate
Information Sheet (Form 240)
Request for Notice (Form 400)
Additional Situational Forms
Depending on your circumstances, you may also need:
Affidavit of Children's Rights (Form 279)
Child Support Calculation (Form 509)
Separation Agreement
Stipulation to Incorporate Separation Agreement (Form 443)
Affidavit of Non-Military Service (Form 405)
Affidavit of Unknown Address (Form 241)
Waiver of Rights under the Servicemembers Civil Relief Act (Form 420)
Affidavit that a Party's SSN is Unknown (Form 421)
Request and Affidavit to Proceed without a Hearing (Forms 446 and 447)
Ancillary Financial Disclosure Report (Forms 465 and 449)
Ancillary Pretrial Stipulation (Form 466)
Affidavit of Mailing (Form 850)
Affidavit of Appearance and Waiver of Rights (Form 263)
Affidavit in Support of Application to Proceed In Forma Pauperis (Form 257P)
Steps to consider
Filing Requirements
Residency Requirements
Every couple seeking a divorce in Delaware must comply with the residency requirements. These are usually the number of days, months, etc., that a person must have lived in the state before filing a lawsuit. This way, the courts can establish jurisdiction over spouses, property, and children.
Under Delaware family laws, one spouse must have lived in the state for six consecutive months to file for divorce in this state.
Grounds for Divorce
Any divorce should have a legal reason (ground) that a petitioner states in the Petition for Divorce. Delaware law allows for no-fault divorce only, which is an "irretrievable breakdown" of a marriage.
However, the spouses may file for a no-fault divorce that was caused by misconduct, which must be proved with proper evidence in court:
adultery
cruel treatment and abuse
bigamy
alcohol or drug abuse
conviction of a crime and imprisonment
abandonment
Initial Filing
A petitioner (filing spouse) must prepare and file the appropriate forms with the court to start a divorce process. They can only choose between the family courts in the counties where either spouse lives.
The petitioner must bring the original papers and one copy of each form to the court and pay the filing fee. The mandatory forms include a Petition for Divorce/Annulment, an Information Sheet, a Vital Statistics Certificate of Divorce or Annulment, a copy or original Marriage Certificate, and a Request for Notice.
Filing Fees
A petitioner must pay the filing fee to the court clerk when submitting their divorce paperwork. The amount is approximately $165, but it might vary from county to county. If petitioners file in person, they can cover the court fees with cash, money order, or credit card.
Delaware courts may grant a fee waiver for spouses in difficult financial situations if they file an Affidavit in Support of Application to Proceed In Forma Pauperis.
Serving the Respondent
After a petitioner files the papers with the court, they must notify their spouse about the divorce by sending them copies of all forms and the Summons. The rules of civil procedure allow several ways to do it properly.
A service of process may be performed by:
a sheriff
certified mail
publication (if the respondent's location is unknown)
A respondent can also waive the service of papers by signing the Affidavit of Appearance and Waiver of Rights form.
Waiting Period
Delaware courts require that the spouses have lived separately for six months before they can get a divorce. However, this requirement does not apply to couples filing on fault-based grounds, such as abuse, adultery, and desertion.
This waiting period allows a respondent to file the response papers if the divorce is contested. In addition, if the couple has minor children, they can attend parenting education classes before the end of these six months.
Finalizing a Divorce Case
When the waiting period is over, the case usually goes to trial. However, spouses with uncontested divorces may ask the court to proceed without a hearing and review the divorce terms on paper.
When they receive a notice that their petition is ready for trial, they must file a Request and an Affidavit to Proceed without a Hearing. If the court grants a divorce after reviewing all documents, the ex-spouses will receive a copy of the divorce decree in the mail.
Filing basics
Filing for Divorce
Delaware
How to get started
The blank forms to initiate a divorce in Delaware may be obtained at the online governmental resources in the self-help sections. The necessary documentation for each divorce case depends on the circumstances.
Basic Mandatory Forms
The essential paperwork required to start a divorce includes:
Petition for Divorce/Annulment (Form 442)
Vital Statistics Sheet (Form 441 or Form 441SS)
Original or certified copy of a marriage/civil union certificate
Information Sheet (Form 240)
Request for Notice (Form 400)
Additional Situational Forms
Depending on your circumstances, you may also need:
Affidavit of Children's Rights (Form 279)
Child Support Calculation (Form 509)
Separation Agreement
Stipulation to Incorporate Separation Agreement (Form 443)
Affidavit of Non-Military Service (Form 405)
Affidavit of Unknown Address (Form 241)
Waiver of Rights under the Servicemembers Civil Relief Act (Form 420)
Affidavit that a Party's SSN is Unknown (Form 421)
Request and Affidavit to Proceed without a Hearing (Forms 446 and 447)
Ancillary Financial Disclosure Report (Forms 465 and 449)
Ancillary Pretrial Stipulation (Form 466)
Affidavit of Mailing (Form 850)
Affidavit of Appearance and Waiver of Rights (Form 263)
Affidavit in Support of Application to Proceed In Forma Pauperis (Form 257P)
Custody Basics
A divorcing couple with minor children must decide how to split the custody rights or let the court resolve this issue if they cannot agree. Delaware judges have the following options to choose from when determining custody arrangements:
Joint (shared) legal custody. Both parents are responsible for making important decisions about the child’s education, health, religion, etc.
Sole legal custody. Only one parent decides on the child’s upbringing.
Joint residential placement. The child has frequent contact with each parent.
Sole residential placement. The child permanently lives with a primary residential parent and meets the other parent during visitation time.
The parents may decide the custody arrangements outside the court, for example, during mediation, and develop a Parenting Plan. They also must attend parenting education classes and file a certificate of completion with the family court.
If the parents cannot agree on how to divide custody, the judge will decide this issue after considering the following factors:
Each parent’s wishes;
The child’s wishes;
The child’s relationships with each parent, siblings, and other significant people that live in the household;
The child’s adjustments to school and community;
Each party’s mental and physical health;
Both parents’ compliance with their parental responsibilities;
The history of domestic violence, etc.
Uncontested Divorce
An uncontested divorce is a marriage dissolution when the spouses resolve all of their disputes regarding critical terms. For example, if both parties agree on splitting the property and children, they can significantly lower their divorce expenses.
Getting an uncontested divorce is also a time-saving option. For instance, couples can avoid lengthy court trials by deciding the key issues in advance.
Spouses with some disputes who want to proceed with an uncontested divorce can get help from a divorce mediator. The terms they agree on during the mediation can be added to a mutual settlement agreement and incorporated into a final judgment.
The agreement should include these provisions:
property division (assets, debts, real estate, etc.)
child custody and support
alimony and insurance, etc.
Drafting the settlement agreement and other court-required paperwork is much easier with Divorce.com. This service will gather the packet of divorce forms and customize them in only two business days.
Support Basics
Each parent is responsible for providing for their minor children after divorce. This financial obligation is called child support. Delaware determines its amount by using a “Melson Formula,” a variation of the Income Shares Model in other states.
The formula found in the Child Support Calculation form includes the income from all sources and the number of children. In addition, parental time (overnights per year) and standard of living also affect the amount of support.
However, the judge may award a higher or lower amount, depending on the circumstances. For this reason, the parents must take the pay stubs and other documents to present at the hearing.
The support must cover the child’s basic needs, such as food, transportation, health care, and the cost of insurance. The duty to support the children ends when they:
turn 18 and are not enrolled in high school education
turn 19 if they are still attending high school.
