Uncontested Divorce Petition Packet - Delaware

DELAWARE UNCONTESTED DIVORCE — PETITION FOR DIVORCE FILING PACKET

PART 1 — PRE-FILING ELIGIBILITY & SEPARATION CHECKLIST

☐ Residency / jurisdiction: Either spouse has actually resided in Delaware continuously for 6 or more months, or been stationed here as a member of the armed services continuously for that period immediately preceding the filing of the petition. (13 Del. C. § 1504) There is no separate county residency requirement.
☐ Grounds (no-fault): The marriage is irretrievably broken and reconciliation is improbable. (13 Del. C. § 1505(a)) The marriage is irretrievably broken where characterized by: ☐ voluntary separation; ☐ separation caused by respondent's misconduct; ☐ separation caused by respondent's mental illness; or ☐ separation caused by incompatibility. (13 Del. C. § 1505(b))
☐ Separation requirement: The Parties have lived separate and apart for 6 or more months immediately preceding the court's ruling on the petition. Spouses may be "separated" while under the same roof only if they occupy separate bedrooms and have no sexual relations during that period. (13 Del. C. § 1503(8)) No separation period is required for a marriage characterized under § 1505(b)(2) (separation caused by respondent's misconduct).
☐ Reconciliation efforts that include temporarily sharing a bedroom or resuming relations do not interrupt the separation period, provided the Parties have not done so within the 30 days immediately preceding the hearing. (13 Del. C. § 1505(e))
☐ Full agreement (uncontested): Both spouses agree on property division, debts, alimony, and any custody/support — or property and support are reserved as "ancillary" matters.
☐ Court: File in the Delaware Family Court in the county (New Castle, Kent, or Sussex) where either spouse resides.
☐ Parenting education if applicable: If the Parties have living children of the marriage up to age 17, plan for both Parties to pay for and attend the court-ordered certified Parenting Education Course. The Court may excuse participation on motion; a party with a demonstrable history of domestic violence is ordered to a separate, more intensive course. (13 Del. C. § 1507(h))

Filing-fee estimate: approximately $165 petition fee + $10 court security fee (~$175 total), plus per-request fees for ancillary relief. Fee waivers available for qualifying filers. Verify current fees with the Family Court.

PART 2 — COURT CAPTION (used on all pleadings)

PART 3 — PETITION FOR DIVORCE (13 Del. C. § 1507)

1. PARTIES

• Petitioner: [________________________________], residing at [________________________________]
• Respondent: [________________________________], residing at [________________________________]

2. RESIDENCY / JURISDICTION (13 Del. C. § 1504)

☐ ☐ Petitioner ☐ Respondent has actually resided in Delaware, or been stationed in Delaware as a member of the armed services, continuously for 6 or more months immediately preceding the filing of this Petition.

3. MARRIAGE FACTS

• Date of marriage: [__/__/____]
• Place of marriage: [____________________]
• Date the Parties separated: [__/__/____]

4. GROUNDS (13 Del. C. § 1505)

The marriage is irretrievably broken and reconciliation is improbable, as characterized by:
☐ Voluntary separation (§ 1505(b)(1))
☐ Separation caused by Respondent's misconduct (§ 1505(b)(2)) — no separation period required
☐ Separation caused by Respondent's mental illness (§ 1505(b)(3))
☐ Separation caused by incompatibility — marital rift/discord destroying the marriage relation, without regard to fault (§ 1505(b)(4); § 1503(5))

☐ The Parties have lived separate and apart for 6 or more months (where required). (13 Del. C. § 1503(8))

5. CHILDREN

☐ There are no children of the marriage under 18 (or 18–19 still in high school).
☐ The children of the marriage are:

☐ If the Parties have children under 18, attach Form 279 (Affidavit of Children's Rights), signed and sworn by the Petitioner as affiant.
☐ If there are living children of the marriage up to age 17, arrange for compliance with the Court's Parenting Education Course order or file a motion asking the Court to excuse participation. (13 Del. C. § 1507(h))

6. ANCILLARY MATTERS (property, debts, alimony) (13 Del. C. §§ 1512, 1513)

☐ The Parties have resolved all ancillary matters by written agreement (attach — Part 6).
☐ The Parties request the Court retain jurisdiction over ancillary matters (property division and/or alimony) to be resolved after the divorce.
☐ No ancillary relief is requested.

7. NAME RESTORATION

☐ Restore [Petitioner / Respondent] former/maiden name: [________________________________].

8. PRAYER FOR RELIEF

Petitioner requests that the Court grant a decree of divorce dissolving the marriage and ☐ approve the attached agreement ☐ retain jurisdiction over ancillary matters ☐ restore the former name above.

Verification (under penalty of perjury):
Petitioner: [________________________________] Date: [__/__/____]

PART 4 — SERVICE, RESPONSE & WAIVER (13 Del. C. § 1507)

☐ Service: The Petition and accompanying forms are served on Respondent. Respondent has 20 days after service to file an Answer/Response.
☐ Acceptance / Waiver of Service: Respondent signs an acceptance of service or waiver, eliminating the need for formal service in an uncontested case.
☐ Servicemembers Civil Relief Act: If Respondent is on active military duty, attach Form 420 (Waiver of Rights under the SCRA) where applicable.
☐ If Respondent does not respond, Petitioner may request the matter proceed as uncontested/default.

PART 5 — FINANCIAL DISCLOSURE

☐ Each spouse has fully disclosed all income, assets, retirement accounts, and debts.
☐ Financial disclosure / asset & debt statements completed for any contested or ancillary property/alimony issues (13 Del. C. §§ 1512, 1513).
☐ Child support is calculated under the Delaware Child Support Formula in Family Court Civil Rules 500-510; § 514 separately identifies factors the court considers in determining the amount of support. Complete and attach the current Formula calculation if children are involved.

PART 6 — STIPULATION / SEPARATION AGREEMENT (Form 443 — incorporated)

MARITAL SETTLEMENT / SEPARATION AGREEMENT

This Agreement is entered on [__/__/____] by [PETITIONER] and [RESPONDENT] ("the Parties").

Recitals

1. The Parties were married on [__/__/____] at [____________________] and separated on [__/__/____].
2. There ☐ are ☐ are no minor children of the marriage.
3. The Parties have exchanged full financial disclosure and intend to settle all ancillary matters.

Article 1 — Equitable Division of Marital Property (13 Del. C. § 1513)

To Petitioner: [____________________________________________________________]
To Respondent: [____________________________________________________________]

Article 2 — Real Property

☐ The Parties own no real property.
☐ The real property at [________________________________] shall be: ☐ awarded to Petitioner ☐ awarded to Respondent ☐ sold and net proceeds divided [____]% / [____]%.

Article 3 — Retirement Accounts / QDRO

☐ Each Party retains his/her own retirement accounts.
☐ The [____________________] account shall be divided [____]% / [____]% by Qualified Domestic Relations Order.

Article 4 — Debts

Petitioner assumes and holds Respondent harmless from: [________________________________]
Respondent assumes and holds Petitioner harmless from: [________________________________]

Article 5 — Alimony (13 Del. C. § 1512)

☐ Both Parties waive alimony.
☐ [Party ____] shall pay [Party ____] $[__________]/month for [____] months (not to exceed 50% of the length of the marriage unless the marriage lasted 20+ years).

Article 6 — Child Custody & Support (if applicable) (13 Del. C. § 514)

• Legal custody: ☐ Joint ☐ Sole to [_________]
• Residential placement: ☐ Shared ☐ Primary with [_________]
• Parenting schedule: [____________________________________________________________]
• Child support: $[__________]/month under the Melson formula; health insurance by ☐ Petitioner ☐ Respondent; unreimbursed medical shared [____]% / [____]%.

Article 7 — Mutual Releases

Each Party releases the other from all claims arising from the marriage except as set forth herein.

Petitioner: [________________________________] Date: [__/__/____]
Respondent: [________________________________] Date: [__/__/____]

PART 7 — DECREE OF DIVORCE (Proposed Order) (13 Del. C. § 1505)

DECREE

The Court, finding that the marriage is irretrievably broken and reconciliation is improbable, that the jurisdictional requirements of 13 Del. C. § 1504 are satisfied, and (where required) that the Parties have lived separate and apart for 6 or more months, orders, adjudges, and decrees:

1. The marriage of [PETITIONER] and [RESPONDENT] is dissolved, and the Parties are restored to the status of single persons, effective [__/__/____].

2. Ancillary Matters: ☐ The attached agreement is approved and incorporated. ☐ The Court retains jurisdiction over property division and/or alimony.

3. Children / Support: [________________________________]

4. Name Restoration: ☐ Granted: [________________________________].

5. Other Orders: [________________________________]

Date: [__/__/____] Judge, Family Court of the State of Delaware: [________________________________]

PART 8 — STEP-BY-STEP FILING PROCEDURE

1. Confirm residency — 6 months continuous actual Delaware residence (or military stationing). (13 Del. C. § 1504)
2. Confirm separation — 6 months living separate and apart (except § 1505(b)(2) misconduct cases). (13 Del. C. § 1503(8))
3. Complete forms: Form 442 (Petition), Form 441 (Vital Statistics), and Form 279 (Affidavit of Children's Rights, if minor children). Attach a certified marriage certificate.
4. File in the Family Court of New Castle, Kent, or Sussex County; pay ~$175 (or request a fee waiver).

5. Serve Respondent, or obtain an Acceptance/Waiver of Service. Respondent has 20 days to answer.
   Parenting education: If the Parties have living children of the marriage up to age 17, follow the Court's course order under § 1507(h), unless excused on motion. The Parties need not attend the same course.

6. Resolve ancillary matters — file Form 443 to incorporate a separation agreement, or request the Court retain jurisdiction over property/alimony.

7. Proceed uncontested once the 6-month separation has run and the case is at issue.
8. Court enters the Decree of Divorce (Part 7).
9. Post-decree: record/retitle real estate; process QDROs; set up child support through the Division of Child Support Services; update beneficiaries; obtain certified copies.

PART 9 — DELAWARE FAMILY COURT FORMS QUICK REFERENCE

SOURCES AND REFERENCES

• Delaware Code Title 13, Ch. 15 — Divorce and Annulment — https://delcode.delaware.gov/title13/c015/index.html
• 13 Del. C. § 1505 (Irretrievably broken; defenses) — https://law.justia.com/codes/delaware/title-13/chapter-15/section-1505/
• 13 Del. C. § 1503 (Definitions — separation); § 1504 (Jurisdiction — 6 months); § 1507 (Commencement/service)
• 13 Del. C. § 1513 (Equitable distribution); § 1512 (Alimony); § 514 (Support amount factors)
• Delaware Family Court — Divorce Forms — https://courts.delaware.gov/family/divorce/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. You must have this template reviewed and customized by a qualified attorney licensed in your jurisdiction before use. Do not use this template without professional legal review.