DELAWARE DIVORCE PAPERS WITH EXPLANATIONS

The state of Delaware, as with all states, has its own required divorce papers for filing an uncontested divorce. Even though an uncontested divorce is the easiest type of divorce to file, there are still numerous lengthy divorce papers in Delaware that must be completed and filed according to local and state requirements. Our software and service allows you to easily complete the necessary divorce papers in Delaware and file your divorce in a hassle-free and professional fashion.

The documents listed below are the primary documents for a Delaware uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these divorce papers in Delaware are typically not required.

Understanding the Delaware Divorce Papers:

• Family Court Information Sheet: Form 240. This cover sheet provides basic information about the petitioner and respondent - name, address, age, and children involved in the action if applicable.
• Petition for Divorce: Form 442. The petition for divorce identifies the parties establishes residency, lists the children, and gives the ground for the action, which usually are that the marriage is irretrievably broken.
• Marital Settlement Agreement: The MSA is a contract voluntarily entered into between a husband and a wife establishing the terms and conditions of their divorce and resolving such matters as property division, debts, child custody, child support, visitation, debt, alimony, insurance, tax, and settlement of any property issues when they end their marriage to each other. Signed by both parties, the MSA is approved by a judge. Sometimes the MSA is filed at the time of the filing for divorce along with the Petition.
• Schedule for Visitation/Parenting Time of Minor Children: This schedule shows the visitation and parenting routine for the noncustodial parent. The schedule will outline who has the children and when and will specifically address the major holidays and annual events like vacation time.
• Request for Notice: Form 400. Used to inform the opposing party that he/she has a suit filed against him or her. The filing spouse states whether or not the opposing party needs formal service of the divorce papers, or if he or she waives the right to formal process and accepts the papers from the courthouse. This form provides 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 and it will move along uncontested. 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.
• Affidavit of Appearance and Waiver of Rights. The Affidavit of Appearance and the Waiver of Rights, filed by the respondent, tells the court that he or she waives the right to notice of the Petition for Divorce, and that he or she will not file an Answer to the Petition.
• Affidavit of Children's Rights. Form 279. The Affidavit of Children's Rights is a notarized 10-point statement of the rights of children. Signed by each parent, the affidavit must be completed if the divorcing spouses have children under 18.
• Custody Separate Statement: Form 346. Filed by the petitioner, this form is used to establish the history of the children and where the have lived in the past five years. This is used by the court to establish jurisdictional right of the child(ren)
• Child Support Calculation Worksheet: This one-page form is used to make child support calculations according to the state guidelines.
• Procedures for Child Support Calculation: Form 223. The form describe the considerations made in determining the appropriate child support obligation.
• Non-Military Affidavit: Form 405. The petitioner files the notarized Affidavit of Non-Military Service when the respondent is not in the military and at which time the petitioner also files an Affidavit in Support of Request to Proceed without a Hearing.
• Stipulation to Incorporate Settlement Agreement: Form 443. Signed and notarized by both the husband and the wife, the stipulation incorporates and enforces the separation agreement as part of the final Divorce Decree. The spouses need not sign at the same time, nor need they use the same notary.
• Decree of Divorce: The court order that ends the marriage and finalizes the divorce.