Divorce Checklist for Delaware

Delaware requires at least one spouse to have been a continuous resident of the state for a minimum of six months immediately preceding the filing of the divorce petition, as established under 13 Del.C. § 1504(a). Active-duty military members stationed in Delaware for at least six months also satisfy this requirement and may file in the county where they are stationed. You must file your petition in the Delaware Family Court in the county where either you or your spouse resides — New Castle, Kent, or Sussex County. If neither spouse meets the six-month residency threshold at the time of filing, the court lacks jurisdiction and the petition will be dismissed. Gather proof of residency such as a Delaware driver's license, utility bills, lease agreements, or voter registration records showing continuous Delaware residence for the required period.

Delaware is a no-fault divorce state under 13 Del.C. § 1505. The sole ground for divorce is that the marriage is irretrievably broken and reconciliation is improbable. While you may indicate what led to the breakdown — such as voluntary separation, incompatibility, or misconduct by the respondent — you are not required to prove fault. Under 13 Del.C. § 1505(b), the court will not grant a divorce decree until the parties have been separated for at least six months. Separation means living separate and apart, and Delaware law permits separation while residing under the same roof provided the parties occupy separate bedrooms and do not have sexual relations. You may file the petition at any time after separation begins, but the court will not rule on the petition until six months of separation have elapsed.

Delaware Family Court requires an original or certified copy of your marriage certificate or civil union certificate to be filed along with your Petition for Divorce (Form 442). A photocopy or unofficial document will not be accepted. If you were married in Delaware, request a certified copy from the Delaware Division of Public Health, Office of Vital Statistics at (302) 744-4549 or online at dhss.delaware.gov. If you were married in another state or country, contact the vital records office in the jurisdiction where the marriage took place. Processing times vary by state, so request this document early to avoid delays. If your marriage certificate has been lost and cannot be replaced, consult with an attorney or the Family Court Resource Center about alternative documentation the court may accept.

Delaware law under 13 Del.C. § 1507 and § 1517 mandates that all divorcing parents with children age 17 or younger must complete a certified Parent Education Program before the court will proceed with the divorce. This 6-to-8-hour course, administered through programs certified by the Department of Services for Children, Youth and Their Families (DSCYF), teaches parents about the impact of divorce on children and strategies for effective co-parenting. Both the petitioner and the respondent must independently complete the course and submit their certificates of completion to the court. Parents with a history of domestic violence are required to attend a specialized domestic violence seminar instead of the standard program. Online options are available through approved providers. The court will not finalize your divorce until both certificates are on file.

If you are experiencing domestic violence, create a comprehensive safety plan before filing for divorce. Filing may escalate an abuser's behavior, making advance planning critical. The Delaware Coalition Against Domestic Violence (DCADV) provides safety planning assistance at (302) 757-2137 and through local programs listed at dcadv.org/get-help/local-programs.html. You may file a Protection From Abuse (PFA) petition using Delaware Family Court Form 654 to obtain an emergency protective order, which can include provisions for temporary custody, exclusive use of the marital home, and a no-contact order. The Family Court can issue an emergency ex parte PFA order on the same day you file if immediate danger exists. Store important documents, identification, and financial records in a secure location outside the home before filing your divorce petition.

Complete Delaware Family Court Form 442, the Petition for Divorce/Annulment, which is the primary document initiating your divorce case. This form requires you to provide both spouses' names, addresses, Social Security numbers, the date and location of the marriage, the grounds for divorce (irretrievable breakdown under 13 Del.C. § 1505), and the specific relief you are requesting — which may include property division, alimony, child custody, and child support. If you do not know the respondent's Social Security number, you must also complete Form 421 (Affidavit That a Party's SSN is Unknown). Download the form from https://courts.delaware.gov/family/divorce/forms.aspx or obtain a copy from the Family Court Resource Center. Review the Divorce and Annulment Instruction Packet (Form 1017IP) for detailed guidance on completing each section of the petition.

Delaware requires every divorce filing to include a completed Vital Statistics Sheet, which provides the court and the Delaware Division of Public Health with demographic information for statistical tracking and records purposes. Choose either Form 441 (standard Vital Statistics Sheet) or Form 441SS (Vital Statistics Same Sex Marriage) based on the nature of your marriage. The form collects information including each spouse's full legal name, date of birth, race, education level, number of prior marriages, the date of the current marriage, and the number of children born to or adopted by the couple during the marriage. This information becomes part of the state's vital records and is reported to the National Center for Health Statistics. Both forms are available at https://courts.delaware.gov/family/divorce/forms.aspx. File the original with the court alongside your petition.

If you and your spouse have any children together who are under the age of 18, you must file Form 279, the Affidavit of Children's Rights, along with your Petition for Divorce. This affidavit addresses the children's current living arrangements, schooling, healthcare, and the parents' proposals for custody, visitation, and child support. Delaware Family Court prioritizes the best interests of the child under 13 Del.C. § 722, and this affidavit provides the court with essential information for making custody and support determinations. If no minor children are involved in the marriage, this form is not required and should not be filed. The affidavit must be signed and, depending on the form version, may need to be notarized. Include specific information about each child's name, date of birth, current residence, and any existing custody or support orders from other courts.

File your completed Petition for Divorce (Form 442), Vital Statistics Sheet (Form 441 or 441SS), certified marriage certificate, and all applicable supplemental forms with the Delaware Family Court in the county where you or your spouse resides. The filing fee is $165.00, with an additional $10 Court Security Fee that may apply, for a total of approximately $175. The court will not accept your filing without payment. In New Castle County, file at the Resource Center on Lower Level 1 of the Leonard L. Williams Justice Center. In Kent and Sussex Counties, file at the Resource Centers on the first floor of the Family Court buildings. You may also file by email per court instructions or through the e-filing portal at https://courts.delaware.gov/efiling/. Retain copies of all filed documents with the court's filing stamp for your records.

After filing, you must formally serve the respondent with copies of the summons, petition, and all filed affidavits as required by 13 Del.C. § 1508. The primary method is personal service by the county sheriff, who will deliver copies directly to the respondent. Alternatively, the respondent may voluntarily file an Affidavit of Appearance, acknowledging receipt and waiving formal service. If the respondent is outside Delaware, you may use registered or certified mail with return receipt requested. If the respondent's address is unknown, file Form 241 (Affidavit of Unknown Address) and the court will authorize service by publication on the court's legal notices website or in a newspaper of general circulation. Any person who is not a party and is at least 18 years old may also serve process. The respondent has 20 days from the date of service to file an Answer with the court.

After service, the respondent has exactly 20 days to file an Answer with the Delaware Family Court. If the respondent files an Answer agreeing with the petition, or fails to file any Answer within the 20-day period, the divorce is classified as uncontested under Delaware court rules. A default occurs when the respondent does not respond within the deadline, allowing the court to grant the relief requested in the petition without the respondent's participation. If the respondent files an Answer contesting the petition — disputing material facts such as grounds, property claims, custody, or support — the case becomes contested and will automatically be scheduled for a hearing. During this waiting period, you should also file Form 405 (Affidavit of Non-Military Service) if you know the respondent is not in active military service, as required by the Servicemembers Civil Relief Act.

In an uncontested divorce, the court will issue a Notice of Trial Readiness. Within 20 days of receiving this notice, you must elect whether to finalize the divorce through a court hearing or on the papers without appearing in court. To proceed without a hearing, file Form 446 (Request to Proceed Without Hearing) and Form 447 (Affidavit in Support of Request to Proceed Without Hearing), both of which must be notarized. Mail a copy of the Request to the respondent. If you choose a hearing, the court will schedule a brief proceeding, typically lasting 15-45 minutes, where the judge reviews your petition and issues the decree. You may change your election from a hearing to on-the-papers up to seven days before the scheduled hearing date. If you miss the 20-day election deadline, contact the court to determine your options for proceeding.

If either spouse requests ancillary relief — meaning property division, debt allocation, or alimony — the court will order completion of the Ancillary Financial Disclosure Report (Form 449). Under Delaware Family Court rules, the petitioner must complete their portion within 30 days after the divorce decree is entered, sign it before a notary public, make one copy, and mail the original to the respondent along with Form 850 (Affidavit of Mailing). The respondent then has 30 days from receipt to complete their portion, notarize it, file the original with the court, and mail a copy to the petitioner. Failure to complete the financial disclosure or concealing property can result in court sanctions under Delaware law. After both disclosures are filed, the court will schedule an ancillary hearing before a judge to determine property division and alimony, which cannot be waived unless the parties reach a settlement beforehand.

Under Delaware Family Court Civil Rule 16.1, mediation conferences are mandatory in proceedings involving child support, custody, and visitation. A court staff mediator facilitates sessions where both parties attempt to resolve disputes and create enforceable agreements. Both the petitioner and the respondent must attend; attorneys may attend but children and witnesses are not permitted. Prior to a support mediation, each party must complete a Child Support Financial Disclosure Report and bring it to the conference, where the information is notarized. If mediation fails to produce a full settlement, the parties may be brought before a Commissioner for an evidentiary hearing the same day, or the case will be scheduled for a formal court hearing. For contested divorces, the court may delay proceedings for up to 60 days under 13 Del.C. § 1509 to allow the spouses to seek voluntary mediation with a certified family law mediator.

Your divorce concludes either through a court hearing or a decision on the papers, depending on your election. If you chose a hearing, you must attend in person at the Family Court in your county. The judge will verify residency, confirm grounds under 13 Del.C. § 1505, review any separation agreement (Form 443 if filed), and issue the divorce decree. Hearings typically last 15-45 minutes for uncontested cases. If you elected to proceed without a hearing, the court reviews all submitted documents and, if everything is in order, issues the decree and mails it to both parties. The court will not grant the decree until the mandatory six-month separation period under 13 Del.C. § 1505(b) has elapsed. If minor children are involved, both parents' Parent Education Class certificates must be on file before the decree is issued. The decree becomes final immediately upon entry by the court.