How to File For Divorce in Delaware

How to File For Divorce in Delaware

Download Forms –

STEP 1 – Download the required Delaware Divorce Papers.

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.

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 Bring a copy of all filed documents (if your spouse is no longer active in the military he or she will need to bring the Affidavit of Non-Military Service.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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