The filing party (the “petitioner”) must start by completing the Petition for Divorce/Annulment. Among other things, the petition must state whether the spouse desires a hearing for their case and whether they want the court to decide alimony and the division of marital property. Once the petition is complete, it must be signed by the petitioner in the presence of a notary public or an authorized member of the court.

Other documents need to be completed and filed with the Petition for Divorce/Annulment. The required forms are as follows:

• Information Sheet
  • Provides the court with the personal and contact information of each spouse to ensure that official notices are delivered correctly.
• Vital Statistics Sheet or Vital Statistics Same Sex Marriage
  • States similar information to that mentioned in the Information Sheet, but must instead be filed with the Division of Public Health and Vital Statistics.
• Request for Notice
  • With this form, the petitioner tells the court how they intend to serve the other spouse (the “respondent”) with notice of the divorce case.
• Marriage Certificate/Certificate of Civil Union
  • The petitioner must obtain the original Marriage Certificate/Certificate of Civil Union OR a certified copy from the Division of Public Health and Vital Statistics in the jurisdiction where the marriage/civil union took place.

Additional documents may be required to elaborate on the Petition for Divorce/Annulment. The petitioner should review each form below and fill out those that apply to their case. Once complete, the documents must be signed by the appropriate party in the presence of a notary public or clerk of the court.

• Affidavit of Children’s Rights
  • This form is required if the spouses have common children below the age of eighteen (18).
• Affidavit of Unknown Address
  • This affidavit must be completed if the respondent’s whereabouts are unknown and actual efforts to locate them have been made.
• Affidavit That a Party’s SSN is Unknown
  • If the petitioner does not know the respondent’s whereabouts and social security number, this affidavit must be completed.
• Waiver of Rights under the Servicemembers’ Civil Relief Act
  • If the respondent is currently serving in the military, they will need to sign this waiver OR both an Affidavit of Appearance in Divorce Action/Notice of Injunction and an Answer to Petition for Divorce/Annulment. If the respondent chooses not to sign any of these forms, the petitioner must file a Motion to Appoint an Attorney (see Motion Instruction Packet).

Couples are encouraged to negotiate the terms of their separation as it relates to alimony, child support, parental responsibilities, and the division of marital property. To ensure the fairness of the settlement terms, each party should provide the other with a disclosure of their income, assets, expenses, and debts. The terms and conditions the parties agree to should be recorded in a Marital Settlement Agreement.

• The settlement agreement may be incorporated into the divorce decree and, thus, made enforceable by court order. To accomplish this, the parties must sign the agreement in the presence of a notary public, execute a Stipulation to Incorporate Separation Agreement, and file both documents with the court.

The petitioner must make at least one (1) copy of each divorce document and file their paperwork with the family court (the forms can be filed in person, by mail, or by e-mail). A $165 filing fee will be charged to the petitioner, although additional charges may apply in certain filing situations. Filers who cannot afford the fee can request an exemption by providing the court with a notarized Affidavit in Support of Application to Proceed in Forma Pauperis.

If the respondent lives in Delaware, the court will arrange to personally serve the respondent with notice of the divorce case. If the respondent’s address is unknown, the court will serve the notice by publishing an article in a local newspaper. If the respondent doesn’t live in Delaware but their address is known, the court will serve the notice by certified mail AND publish an article in a newspaper. All fees associated with service are at the petitioner’s expense.

The respondent must reply to the divorce petition within twenty (20) days of the service date. If the respondent wishes to deny any claims made in the petition and/or request a court hearing for their case, they can file an Answer to Petition for Divorce/Annulment. If the respondent has no response to the petition, they may instead file an Affidavit of Appearance in Divorce Action/Notice of Injunction. Both documents must be signed in the presence of a notary public or court clerk.

Spouses who have children below the age of eighteen (18) are responsible for scheduling their appearances at a Parent Education Class (see list of court-approved parenting programs). After completing the class, a Certificate of Completion of Parent Education Class will be issued to each spouse. The original certificate and one (1) copy must be filed with the court.

The court will mail each party a notice containing additional filing instructions. The type of notice and instructions provided will vary depending on whether a court hearing was requested.

• If neither spouse requested a court hearing, they will each receive a Notice of Trial-Readiness. The parties will have twenty (20) days from the issuance of the notice to file a Request to Proceed Without a Hearing and an Affidavit in Support of Request to Proceed Without Hearing (both documents must be notarized). A copy of the Request to Proceed Without a Hearing must be mailed to the other spouse.
• If a court hearing was requested, the parties will receive a Notice of Hearing indicating the date and time when they must appear in court. If the respondent is not in the military, the petitioner must fill out an Affidavit of Non-Military Service, sign it in the presence of a notary public or court clerk, and bring it with them to the hearing.

A court commissioner will review the case and decide whether to approve or deny the Petition for Divorce/Annulment. If either party requested a court hearing, they must attend the hearing and present their cases before the commissioner. Otherwise, the verdict will be delivered to the couple by mail. If the petition for divorce is approved, each party will receive a Decree of Divorce/Annulment and a Commissioner’s Order.

The following instructions should only be completed if one (1) or both parties asked the court to handle the administration of alimony and marital assets/debts:

• Instructions for Petitioner
  • The petitioner must fill out their portion of the Ancillary Financial Disclosure Report within thirty (30) days of receiving the divorce decree. They must sign the disclosure in the presence of a notary public, make one (1) copy, and mail the original document to the respondent. The petitioner must then complete an Affidavit of Mailing, notarize their signature, and file it with the court.
• Instructions for Respondent
  • After receiving the Ancillary Financial Disclosure Report, the respondent will have thirty (30) days to complete their portion of the disclosure. Once complete, they must sign it in the presence of a notary public, make one (1) copy, file the original with the court, and mail the copy to the petitioner. Finally, the petitioner must file a notarized Affidavit of Mailing.

Once the above steps have been completed, the court will inform the spouses that they must file a Form of Order – Ancillary Financial Disclosure Report. A final hearing will then be scheduled upon which the parties must appear in court to settle matters involving alimony and the division of marital property.

If a spouse asked the court to restore their former or maiden name as a condition of divorce, the new name will be indicated in the divorce decree. The decree can be used as legal proof of the change when updating their identification cards and personal accounts.