After the petitioner files for divorce in the Family Court for the state of Delaware and the respondent answers, the court decides if the parties must attend divorce hearing. If the case is uncontested and both parties participate in the divorce then a hearing is typically not required unless there are minor children involved. If there are minor children, the judge conducts a short hearing to make certain that each parent understands the terms and conditions of the custody and visitation orders. If one spouse lives far away his or her attendance may not be required and/or a telephone conference may be arranged.

As part of the Delaware uncontested divorce process, the petitioner files an affidavit in support of request to proceed without a hearing (Form 447), which states that the parties have not had sexual relations for the past 30 days nor occupied the same bedroom, and request to proceed without a hearing (Form 446), which requests that Court grant the divorce without requiring the parties to attend a court hearing. If the Court grants the request, no hearing is required; if the Delaware divorce court does not grant the request, then the parties will be required to attend a court hearing.Learn more about attending a Delaware divorce hearing.

Other Helpful Information for Doing Your Own Divorce in Delaware

• Delaware Divorce Laws
• Delaware Divorce Basics
• Do it Yourself Divorce in Delaware
• The Residency Requirements to File for Divorce in Delaware
• Delaware Divorce Court Information
• Delaware Divorce Documents