To get a divorce in Delaware, you need to prepare a set of forms required by your specific county court. Their number and type may differ depending on the county, the type of marriage dissolution you pursue, and your family circumstances. For example, a package of forms for an uncontested divorce in Delaware is somewhat different from the one necessary for a contested case. If you have minor children, you should fill out documents on child custody and support. Besides, certain supplementary papers may be needed if you request some additional orders.
Below is the list of basic Delaware divorce forms you may require for your marriage dissolution, with descriptions and explanations. Mind that you will have to file the original and at least one copy of almost every document.
1. Petition for Divorce
The main form needed to file for divorce in Delaware is the Petition for Divorce, which is an official request to end your marriage. In it, you should:
- indicate your and your spouse’s names, dates of birth, and addresses, defining who is the petitioner and who is the respondent,
- verify your residency,
- provide the details of your marriage, the date of separation, and information about your children, if any,
- state the grounds for divorce,
- specify the requested relief.
The completed form must be signed in the presence of a notary before filing it with the court.
2. Information Sheet
The Information Sheet form contains questions about both parties, including their names, contact details, employers, social security and driver’s license numbers, and other relevant data. This information is gathered for the court to facilitate the location and notification of the parties about any proceedings to follow.
3. Vital Statistics Sheet
This form provides the same detailed information about the spouses, their marriage, and divorce as the Information Sheet. Officially called Certificate of Divorce or Annulment, the document is meant for the Office of Vital Statistics and the Division of Public Health records. No copies of this certificate are needed in addition to the original.
4. Request for Notice
In the Request for Notice, you, as a petitioner, should inform the court about the way you want the documents to be served on the other party to notify them about initiating the divorce process.
5. Separation Agreement
If you and your spouse have agreed on all the issues of your marriage dissolution, you should outline the terms and conditions concerning property division, debt allocation, child custody and support, alimony, etc., in a document titled Separation Agreement. After that, sign, notarize, and file it with the court. It is not an official court form, but it must be obligatory crafted if you have a full-agreement, uncontested divorce and want the judge to enforce the terms stipulated in it. The judge will not check if your agreements are fair but may ask questions about them during the hearing.
In addition, you should file a Stipulation to Incorporate the Separation Agreement for the court to enforce the terms you have outlined in your Separation Agreement and make you follow them. This form is official and can be obtained from the Delaware court website. It must also be signed by both parties and notarized.
6. Ancillary Financial Disclosure Report
You or your spouse should file this form in case either of you has requested any accompanying orders concerning marital property and debts division or alimony in the Petition. In the form, both parties should disclose their financial information honestly and without hiding anything to avoid possible sanctions from the court.
7. Affidavit of Children’s Rights
If you and your spouse have minor children together, you are required to sign and file the form that outlines their rights after divorce.
8. Affidavit of Appearance and Waiver of Rights
The respondent must file this form if they do not want to be served with the notice about the case initiation and are not going to file an answer to the Petition for Divorce. Importantly, they will not have another opportunity to respond to the possible allegations if they file the waiver, agreeing with everything specified by you in the Petition.
How Do I Obtain Divorce Papers in Delaware?
Divorce papers for marriage dissolution in Delaware can be found online at reputable governmental websites. Besides, you can make use of an online paperwork preparation service like ours to get the full package of ready-to-file documents without the necessity to search for the needed ones.
We can help you prepare Delaware divorce papers online and offer a step-by-step guide on how to file them with the court. You only need to complete a comprehensive online questionnaire on our platform, and the system will select and fill out the forms suitable for your case based on your answers. Within the time chosen by you, the papers will be ready for you to download them from your account. After that, sign your documents and file them with the local court.
Heather Ritchey is a distinguished expert in the field of family law. Drawing from the wealth of her experience, she is a sought-after advisor, speaker, and advocate. Heather’s insightful perspectives and comprehensive approach have solidified her position as an invaluable resource for those in need of expert guidance in family law matters. She is dedicated to helping individuals navigate the maze of family-related legal issues with precision and compassion.