Delaware allows you to complete your divorce without an attorney if you and your spouse can come to an agreement on what to do with your property and how you will care for any children that you have.
Delaware Residency Requirements
Either you or your spouse must have lived in Delaware for 6 consecutive months before filing for divorce.
Grounds For Divorce
Delaware is a no-fault divorce state. In a Delaware no-fault divorce the spouses agree that "the marriage is irretrievably broken and that reconciliation is improbable."
Filing Your Delaware Divorce
After completing the online interview, DivorceWriter sends you the divorce forms you prepared online along with detailed Delaware filing procedures.
The basic steps for filing your divorce are as follows:
- You review and sign the documents, then file the Petition for Divorce and other divorce documents with the Clerk of the Family Court.
- The court serves the divorce documents on your spouse, or your spouse goes to the court to pick up the divorce documents and files an Affidavit of Appearance at that time.
- Both spouses attend a parenting class if children are involved, and file the remaining documents with the Clerk of the Family Court.
- A judge completes your divorce by signing your Decree of Divorce, which will be mailed to both parties.
Division of property & debt, child parenting plan (including child support, visitation and custody), spousal support, and more are covered.
DivorceWriter provides forms specific to the state of Delaware and offers a money back guarantee if your documents are not accepted by the Court.
If you select a Delaware divorce without children, you are selecting the following forms:
- Petition for Divorce/Annulment
- Information Sheet
- Request for Notice
- Separation Agreement
- Stipulation to Incorporate the Separation Agreement
- Waiver of Rights Under the "Servicemembers Civil Relief Act"
- Answer to Petition for Divorce (if one spouse is in the Military)
- Affidavit in Support of Request to Proceed Without a Hearing
- Request to Proceed Without a Hearing
- Affidavit of Non-Military Service
If you select a Delaware divorce with children, you are selecting the non-children forms as well as the Child Support Calculation Worksheet.