Delaware Divorce Legal Packet
Jurisdiction-correct document templates. Not legal advice.
1. Eligibility Checker
- [ ] You or your spouse has lived in Delaware for at least 6 months before filing
- [ ] You were legally married (common-law marriages are not recognized in Delaware)
- [ ] Your marriage is "irretrievably broken" (see grounds below)
- [ ] You have been separated for at least 6 months (unless filing based on misconduct)
Grounds for Divorce in Delaware (13 Del.C. § 1505):
File at: Delaware court finder: https://courts.delaware.gov/courts/
2. All Required Forms
All Delaware Family Court forms are available FREE online at the Delaware Family Court website.
Core Forms (Required in All Cases)
| Form Name | Purpose | Where to Get |
|---|---|---|
| Petition for Divorce (Form 442) | Starts the divorce case | courts.delaware.gov/family |
| Civil Cover Sheet (Form 100) | Basic case information | courts.delaware.gov/family |
| Vital Statistics Form | Records marriage data | Family Court Clerk's Office |
| Service of Process Form | Shows how you notified your spouse | courts.delaware.gov/family |
| Affidavit of Service | Proof your spouse received papers | courts.delaware.gov/forms/family |
Additional Forms (If Applicable)
| Form Name | When Needed |
|---|---|
| Affidavit of Children's Rights | If you have children under 18 |
| Request for Finalization and Affidavit | For uncontested divorces (no hearing needed) |
| Financial Rule 16(c) Statement | Required in all cases involving property, support, or children |
| Child Support Guidelines Worksheet | If you have minor children |
| Property Division Worksheet | If you own property together |
| Request for Fee Waiver (Form 447) | If you cannot afford the filing fee |
Download All Forms
Delaware Family Court Forms: https://courts.delaware.gov/forms/family/
3. Step-by-Step Filing Instructions
Step 1: Complete Your Forms
- Download and fill out the Petition for Divorce (Form 442)
- Complete the Civil Cover Sheet (Form 100)
- Fill out the Vital Statistics Form
- If you have children, complete the Affidavit of Children's Rights
- Complete the Financial Rule 16(c) Statement
Step 2: Make Copies
Step 3: File with the Court
Step 4: Serve Your Spouse
- Certified Mail — Send copies by certified mail, return receipt requested. Keep the green card as proof.
- Sheriff's Office — Pay the sheriff in your spouse's county to deliver papers (approximately $30-50)
- Private Process Server — Hire someone to personally deliver papers
- Voluntary Acceptance — If your spouse agrees, they can sign an Acceptance of Service form
Step 5: Wait for Response
Step 6: Complete Your Case
5. Filing Checklist
- [ ] Petition for Divorce (Form 442) — completed and signed
- [ ] Civil Cover Sheet (Form 100)
- [ ] Vital Statistics Form
- [ ] Financial Rule 16(c) Statement
- [ ] Affidavit of Children's Rights (if you have minor children)
- [ ] Application for Fee Waiver (Form 447) if applicable
- [ ] Government-issued photo ID (driver's license, state ID, or passport)
- [ ] $165 filing fee (cash, money order, or credit card) OR completed fee waiver application
- [ ] Marriage certificate (if available)
- [ ] Proof of Delaware residency (utility bill, lease, or ID showing address)
- [ ] Original set for the Court
LEGAL AID
- Community Legal Aid Society (CLASI): declasi.com · (302) 575-0400
- Delaware Volunteer Legal Services: dvls.org · (302) 478-8850
- Legal Services Corp of DE: lscd.org · (302) 654-5410
- DE Courts Self-Help: courts.delaware.gov/selfhelp
*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.
Verify current law before filing. For legal advice contact a licensed Delaware attorney or legal aid. jurist-diction.com*