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HOW TO FILE DELAWARE UNCONTESTED DIVORCE PAPERS

This is a summary of Delaware uncontested divorce filing procedures with an explanation of the primary divorce papers that are filed. The 3StepDivorceTM for Delaware helps you prepare all the required paperwork and provides you with much more in depth step-by-step filing procedures to finalize your own divorce than the ones presented below. 3StepDivorceTM for Delaware will show you how to file your own divorce in Delaware. This summary is written to give you a brief overview of the process and time-line.

Living Separate and Apart for a Delaware Divorce

In Delaware for a no-fault uncontested divorce, the spouses separate for at least six months before the initial filing of the divorce papers to establish the divorce case. They can still be considered separated if they live in the same house, but don’t share the same bedroom or “have sexual relations with one another except for attempts at reconciliation.”

Once the separation period has been satisfied, service of the divorce papers take place after the initial filing. When the respondent fails to file to answer within 20 days, or when he or she agrees to the divorce, the action becomes uncontested. This simplifies the case because it can be decided “solely on the papers". This way the the spouses to not have to appear in court, or the petitioner may ask the court to decide after a hearing, in which event, the petitioner must appear, and the respondent may attend by choice. Having a hearing to finalize your divorce is always up to the judge. It is not uncommon to have a short hearing especially if you have minor children.

Finalizing Divorce With or Without a Hearing

When both spouses ask the court to divide property or award alimony, the parties appear for a hearing in front of a judge even if the divorce is uncontested, unless they settle on the terms beforehand. Most uncontested divorces filed without a lawyer in Delaware are done so with an agreement. The parties sign a Marital Settlement Agreement which is filed and incorporated into the final Decree of Divorce.

In Delaware, the court personally serves the respondent, which means that someone personally delivers the petition to his or her home or work.

The action starts with the Petition for Divorce/Annulment Form 442, which identifies the parties and specifies the relief intended when the action is uncontested: ”1) ‘solely on the papers’ and without a hearing, or 2) with a hearing decided by a Commissioner.”

Serving Delaware Divorce Papers

The Request of Notice Form 400, which the petitioner must also file, makes “provision for the respondent to receive a copy of the Petition without service of a Summons and enter an Appearance, which means he or she agrees with the action. It also has a provision to 1) serve notice of the action by certified mail, return receipt requested and 2) for Service by Publication in the event that a missing spouse cannot be located by mail.”

Delaware Divorce Online Process

Additional Divorce Papers for Delaware

In addition the petitioner files these other Delaware divorce forms:

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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Disclaimer: This is a quality non-lawyer self-help divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3 Step Solutions, LLC does not practice law and does not give out legal advice. This software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.
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