Delaware Divorce Forms & Papers

Divorce Papers > Delaware Divorce Forms & Papers

A legal procedure that terminates the bond between a married couple is known as a divorce. It is a procedure based on the rules and regulations mentioned in the family laws. When the spouses start facing problems in their relations, they may take up counseling to solve the problems at an earlier stage. However, some marital issues are unsolvable, and thus result into extreme differences between partners. At such time, separating from each other is the only option available; but just a separation is not counted as a legal termination of marriage. Therefore, a court procedure is required to obtain the authorized approval from the court that a couple has been divorced. For this process, every state demands submission of various documents. Delaware divorce forms and papers comprise of all the applications related to dissolution process in this state.

Before going through the documentation related to marital dissolution, it is necessary to know about the grounds of divorce that are acceptable in Delaware. The grounds for no-fault divorce in Delaware:

Irretrievable breakdown of the marriage and reconciliation is improbable. A marriage is considered "irretrievably broken" when it is characterized by one of the following:
1. Voluntary separation;
2. Separation caused by the other spouse's misconduct or mental illness; or
3. Separation caused by incompatibility; and
Living separate and apart for 6 months because of incompatibility. (Delaware Code Annotated; Title 13, Chapter 1505].

The dissolution is granted on the fault grounds too. That is, if any of the partners has committed marital fault, the other spouse can apply for the termination of marriage. The valid grounds for this case are:

Adultery or extra-marital relationships: If a spouse is having close and physical relation outside marriage, the other partner can take this as a reason to end a marriage. Similarly, such behavior is taken as breach of commitment between couples.
Alcohol addiction and misbehavior: Habitual drinking and drug intake by a spouse can be hazardous for the family. Thus, disintegration of marital union can take place on this basis.
Physical abuse and mental torture: If a spouse is suffering from domestic violence and verbal harassment by the other one, such person may apply for permanent separation. Extreme violent behavior of the spouse will be punishable under the Domestic Violence Act.
Incurable disease with permanent disability: If a spouse is detected with a serious mental problem or have met with a permanent critical injury, then other partner can apply for a divorce in this situation.
Long-time separation: If a person is missing for a long period of time or has deserted the family willingly, his spouse can obtain a marital dissolution on this ground.
Incompatibility: Sexual incompatibility or inability to consummate the marriage is regarded as fault in legal terms. The suffering spouse is allowed to get separated from the partner in this case.

These are some of the grounds of the fault divorces. These all reasons are to be mentioned in the divorce papers during the submission. Some other details to be mentioned in the divorce forms and papers are:

Identification details: The application for divorce must contain the names, addresses, occupations and other personal details of the parties. This information is kept in court records and mentioned in brief on the divorce decree.
Residency details: One spouse must be a resident for 6 months immediately prior to filing for divorce. The divorce may be filed for in a county where either spouse resides. [Delaware Code Annotated; Title 13, Chapters 1504 and 1507]. The divorce forms should be submitted with the residency proofs such as license or address identification. Get more information on how to apply a divorce.
Divorce type: If a person is applying for mutual settlement, he or she should mention it in the divorce papers. Generally, mutual process requires very less paperwork, while contested case needs a long list of divorce forms and papers.

Some Important Instructions for Delaware Divorce Forms and Papers

The divorce forms and papers should be filled with great care, as to avoid any mistakes. Once submitted, these documents become a part of public records. Therefore, legal advice should be taken before filling these forms.

USE THESE WORDS IN THE COURT DOCUMENTS FOR DELAWARE ONLY

Use the words, all in capital letters: IN THE FAMILY COURT FOR THE STATE OF DELAWARE, IN AND FOR COUNTY
Use the words, all in capital letters: PETITION OF DIVORCE
Use the word "Petitioner'. Be sure the "P" is capitalized.
Use the word "Respondent". Be sure the "R" is capitalized.
Use these exact words, all in capital letters: DECREE OF DIVORCE
Use the word "County" here.

For detailed divorce laws in Delaware state, please see Delaware Divorce Laws page.

Free Delaware Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".