Delaware | Divorce.Pro

Uncontested Divorce in Delaware

To file for an uncontested divorce (called dissolution of marriage) in Delaware, you must meet these criteria:

Residency:
Either spouse must have lived in Delaware for at least 6 months before filing.
Grounds for Divorce:
Delaware is a no-fault divorce state.
The only ground required is that the marriage is irretrievably broken, with voluntary separation or separation for at least 6 months
Mutual Agreement:

-Both spouses must agree on all divorce terms:
Division of property and debts
Spousal support (alimony)
Child custody, visitation, and child support (if applicable)

Prepare and File the Divorce Petition:
-Use Form 442 – Petition for Divorce or Annulment
-File in the Family Court in the county where either spouse resides.
Pay the Filing Fee:
-The filing fee is approximately $165–$190 depending on service method.
-Fee waivers are available (use Form 49 – Application to Proceed In Forma Pauperis).
Serve Your Spouse:
-If you’re filing jointly, service is not necessary.
-If you file alone, your spouse must be formally served via:

Sheriff

Certified mail

Voluntary Acceptance of Service
File Additional Forms:
Information Sheet (Form 240)
Vital Statistics Sheet (Form 441)
Separation Agreement (if jointly agreed upon)
Affidavit of Children’s Rights and Parenting Plan (if children are involved)
Respondent Signs Agreement:
If uncontested, the respondent may file an Answer and Waiver to agree to the divorce and waive a court hearing.
Court Review and Final Decree:
In truly uncontested cases, a hearing may be waived.
If required, a brief hearing is scheduled, and the judge will finalize the divorce by signing the Final Decree of Divorce.

Children:
If children are involved, both parents may need to take a Parenting Education Course.
A Child Support Worksheet and Parenting Plan are required.
Separation Requirement:
Spouses must be separated for at least 6 months, or
Agree to the divorce due to incompatibility without requiring the full separation period.
Legal Review:
It’s a good idea to have a lawyer review your separation agreement to make sure it’s legally sound, especially if property or children are involved.