Delaware Uncontested Divorce — Your Complete Filing Guide

What This Packet Does

This packet helps you file for an uncontested divorce in Delaware when both spouses agree to end the marriage. Delaware is a "no-fault" divorce state, meaning you don't have to prove anyone did anything wrong. If you and your spouse agree on all terms — property, debts, and support — you can complete your divorce without a lawyer.

Is This Packet Right for You?

Use this packet if:

• Both you AND your spouse want the divorce and agree on all terms
• You or your spouse have lived in Delaware for at least 6 months
• You agree on how to divide all property and debts
• Neither spouse is contesting the divorce (no arguments about terms)

Do NOT use this packet if:

• Your spouse refuses to sign the agreement
• You cannot agree on property, debts, or support
• There is domestic violence or you fear for your safety
• Complex assets or businesses are involved

If any of these apply, contact a lawyer or legal aid organization listed at the end of this guide.

Delaware Divorce Laws You Need to Know

Residency Requirement (13 Del.C. § 1504)

> "The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State... continuously for 6 or more months immediately preceding the commencement of the action."

What this means: You OR your spouse must have lived in Delaware for at least 6 months before filing.

No-Fault Grounds (13 Del.C. § 1505)

> "The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable."

What this means: You don't need to prove fault. You you can simply state that:

• You've been voluntarily separated, OR
• You're incompatible, OR
• The marriage has broken down

Property Division (13 Del.C. § 1513)

> "The Court shall... equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct."

What this means: Delaware divides property fairly, not necessarily 50/50. The court considers factors like length of marriage, income, and needs of each party.

Before You File — Documents to Gather

Gather these items before starting:

Personal Information:

• [ ] Your full legal name, address, phone, email
• [ ] Your spouse's full legal name, address, phone, email
• [ ] Date and location of your marriage
• [ ] Your Delaware driver's license or state ID (proof of residency)

Financial Documents:

• [ ] Bank statements (all accounts, last 3 months)
• [ ] Pay stubs (last 3 months) for both spouses
• [ ] Tax returns (last 2 years)
• [ ] Retirement account statements (401k, IRA, pension)
• [ ] Investment account statements
• [ ] Credit card statements (all cards)
• [ ] Loan documents (mortgage, car loans, student loans)
• [ ] Property deeds and vehicle titles

For the Court:

• [ ] $75-150 for filing fee (cash, money order, or credit card)
• [ ] Access to a notary public (banks, UPS stores, libraries)

Step-by-Step Filing Instructions

Step 1: Complete the Petition for Divorce

1. Open the de-uncontested-divorce-court-doc.md file.
2. Fill in every bracketed field [LIKE THIS] with your information.
3. Delete sections that do not apply.
4. Do not sign yet. You will sign in front of a notary.

Step 2: Complete the Separation and Property Settlement Agreement

1. Open the de-separation-agreement.md file.
2. Work through this WITH your spouse. Both of you must agree on everything.
3. List all property, debts, and other terms completely.
4. This becomes a court order — be thorough.
5. Do not sign yet. Signatures must be notarized.

Step 3: Have the Agreement Notarized

1. Go to a notary public (banks, UPS stores, libraries often have one).
2. Bring valid photo ID for both parties.
3. Both spouses must sign IN FRONT OF THE NOTARY.
4. The notary will complete the acknowledgment sections.

Step 4: Make Copies

Make 3 copies of each document:

• 1 original for the court
• 1 copy for your spouse
• 1 copy for yourself

Step 5: File with the Family Court

1. Go to the Family Court in your county (see locations below).
2. Bring all original documents plus copies.
3. Tell the clerk you are filing for an uncontested divorce.
4. Pay the filing fee ($75-150 depending on county).
5. Fee Waiver: If you cannot afford the fee, ask for an "Application to Proceed In Forma Pauperis." Complete it and submit with your documents.

The clerk will:

• Assign a case number
• Stamp your copies
• Give you a hearing date

Write down your case number and hearing date immediately.

Step 6: Service on Your Spouse

If your spouse signed the Agreement before filing: The signed Agreement can serve as acceptance of service. Check with the clerk.

If your spouse has NOT signed: Arrange for formal service:

• Sheriff's service (ask the clerk; small fee)
• Certified mail with return receipt
• Private process server

Step 7: Attend the Hearing

1. Bring:

• Your stamped copy of the filed Petition
• The signed and notarized Separation Agreement
• Photo ID
• Your spouse (or proof they signed the Agreement)

1. What Happens:

• The judge will call your case
• You will be sworn in
• The judge will ask if the marriage is irretrievably broken
• The judge will review your Agreement
• The judge will sign the Final Decree

1. What to Say:

• "Your Honor, I am [NAME], the Petitioner."
• "I have lived in Delaware for more than six months."
• "The marriage is irretrievably broken and reconciliation is improbable."
• "My spouse and I have signed a Separation Agreement resolving all issues."
• "I ask that the Court grant the divorce and approve our agreement."

Step 8: Get Certified Copies

After the hearing:

1. Ask the clerk for 2-3 certified copies of the Final Decree.
2. There may be a small fee ($5-10 per copy).
3. Use certified copies to:

• Change your name (if applicable)
• Update bank accounts
• Transfer vehicle titles
• Update insurance policies

Timeline Overview

Total time: Approximately 2-3 months

Delaware Family Court Locations

Hours: Monday-Friday, 8:30 AM - 4:30 PM (varies by county — call ahead)

Legal Aid Resources — Free and Low-Cost Help

Delaware Legal Aid Organizations

Community Legal Aid Society, Inc.

• Phone: (302) 575-0660 (New Castle County)
• Phone: (302) 674-8500 (Kent County)
• Phone: (302) 856-5210 (Sussex County)
• Services: Free legal services for low-income Delaware residents
• Website: www.declasi.org

Delaware Volunteer Legal Services

• Phone: (302) 478-8851
• Services: Pro bono legal services
• Website: www.dvls.org

Legal Services Corporation of Delaware

• Phone: (302) 658-8850
• Services: Family law assistance for qualifying individuals

National Resources

LawHelp.org

• Website: www.lawhelp.org
• Find legal aid by state and issue

Legal Services Corporation (LSC)

• Find legal aid: www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

Domestic Violence Resources

Delaware Domestic Violence Hotline

• Phone: (302) 762-6110
• 24/7 confidential support

National Domestic Violence Hotline

• Phone: (800) 799-7233
• Website: www.thehotline.org

Common Questions

Q: Can I get divorced if my spouse won't sign anything?

A: No, not with this packet. This requires both spouses to agree. If they refuse, you'll need a contested divorce. Consult a lawyer or legal aid.

Q: How long do we have to be separated?

A: Delaware has no mandatory separation period for no-fault divorce. You just need to show the marriage is "irretrievably broken."

Q: Do we have to go to court together?

A: In most cases, both parties should attend the hearing. Check with your county's Family Court.

Q: Can I change my name back to my maiden name?

A: Yes. Request this in the Petition and Agreement. The judge will include it in the Final Decree at no extra cost.

Q: What if I can't find my spouse?

A: You cannot use this packet. You'll need to serve by publication (newspaper notice). Consult a lawyer or legal aid.

Checklist Before Filing

• [ ] Residency requirement met (6 months in Delaware)
• [ ] Petition for Divorce completed (all fields filled)
• [ ] Separation Agreement completed (all property and debts listed)
• [ ] Both spouses signed Agreement in front of notary
• [ ] All documents printed (original + 2 copies each)
• [ ] Filing fee ready ($75-150) or IFP application completed
• [ ] Proof of residency (driver's license or utility bill)
• [ ] Know your county's Family Court location and hours

Disclaimer

This guide and all documents are for informational purposes only and do not constitute legal advice. Divorce laws are complex and subject to change. Property division and spousal support have specific rules that may affect your rights.

Jurist-Diction is not a law firm. We are not your attorney. No attorney-client relationship exists by your use of these materials.

If you have questions about your specific situation, legal advice, contact a licensed Delaware attorney or the legal aid organizations listed above.

Templates are for informational purposes only and do not constitute legal advice.