How to File For Divorce in Delaware
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- OFFICIAL -

HOW TO FILE FOR DIVORCE IN DELAWARE

- STEP BY STEP GUIDE -

STEP 1 - 2 ways to download the required Delaware divorce papers:

Option A - BLANK DELAWARE DIVORCE PAPERS

Option B - HAVE DIVORCE PAPERS FILLED IN FOR YOU!

  • $299 Professional Service

STEP 2 - You will need to your original marriage certificate from the Division of Public Health and Vital Statistics (located at 417 Federal Street, Dover, DE 19901 Phone: (302) 744-4549).

STEP 3 - The spouses will need to meet together in order to fill out the following forms. Be sure to fill-out, and sign all forms in front of a public notary:

  • Divorce Petition
  • Information Statement
  • Affidavit of Children's Rights (if children)
  • Request for Notice (Be sure to check the box in Section B to "Please Withhold Issuance of Summons")
  • Separation Agreement
  • Stipulation to Incorporate Separation Agreement

The spouse filing for divorce may file the above forms at the county court clerk's office where you reside. You will have to pick up a form named the Division of Public Health and Vital Statistics, fill this form out at the clerk's office and attach with your documents.

The filing fee to pay the clerk is $150.

*If your spouse is on active military service - At this time, you will need to get a form from the clerk named the "Waiver of Rights Under the Soldiers and Sailors Relief Act" and send it in the mail. Upon return, he or she will need to file this with the clerk.

VIDEO TUTORIAL

 

REQUIREMENTS

  • Either party must be a resident.
  • You must have been sleeping in separate bedrooms with no sexual relations for 30 days prior to the divorce.

HOW LONG DOES IT TAKE?

  • A divorce in Delaware takes a minimum of 3 months

STEP 4 -.The spouse that did not file for divorce must go to the clerk's office and get the Affidavit of Appearance and Waiver of Rights. This must be completely filled-in and filed with the clerk. The spouse that did not file for divorce must also request the original Divorce Petition.

*If you have minor children - You will need to ask the clerk where the Certified Parental Education Classes are in your area. If your children are the ages between 8 to 16 then they have to attend as well. Once this has been completed you can move to the next step

STEP 5 - You will receive a Notice of Hearing that will notify you and your spouse the day you will need to show up at the courthouse. Bring a copy of all filed documents (if your spouse is no longer active in the military he or she will need to bring the Affidavit of Non-Military Service.

Your divorce is now complete in the State of Delaware.

 

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