Delaware Divorce Procedures

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Every nation in the world has its own laws, rules, and regulations. USA, one of the most advanced nations in the world, has 50 states, where every state has laid down its own statute. Delaware is not an exception. Like any other issue, Delaware laws address marital problems and grant divorces. So, those who are unhappy with their married life and seeks divorce from their partners, they should approach the Delaware court. But approaching the court does not end your problem. You need to gather some key information on Delaware divorce procedures and divorce laws so that you know where you need more help in order to win your case.

Sometimes, couples under stress, or an unhappy state of mind are unable to understand where to start from and how to start. We are providing some necessary details of the court procedures in Delaware.

Beginning the Delaware Divorce Procedure

If you want to get separated from your partner legally, you are required to file a Petition for divorce. The divorce procedure begins when one divorcing partner files a Petition for divorce in the county wherein either the Petitioner or the Respondent resides. The postal addresses of the courthouses in some of the counties are detailed below:


Family Court of the State of Delaware
22 The Circle
Delaware 19947

New Castle

Family Court of the State of Delaware
500 N. King Street
Wilmington, Delaware 19899


Family Court of the State of Delaware
400 Court Street
Dover, Delaware 19901

Assistance during Delaware Divorce Procedure

This is a significant step aimed at solving a number of divorce issues related to child custody, custody modification, termination of parental rights, visitation, protection from abuse, guardianship (which may be permanent or standby) etc.

The divorcing partners are assisted by the Family Court in the form of making straightforward and simple packets available. These packets include information regarding the forms that must be necessarily filed, including information as to how to go about completing these forms. Additionally, some sample forms are also provided in this packet. The court offers answers to FAQ's (Frequently Asked Questions).

The Family Court publishes Instruction Packets related to divorce as well as annulment. A nominal fee is charged for these instruction packets at the Resource Centers. One can procure them for free at the website of the Family Court.

It may be learnt that the Divorce / Annulment Instruction Packet is useful for the Petitioner who is about to file a petition for divorce. There also exists the Answer to Petition for Divorce / Annulment Instruction Packet and this is helpful for the Respondent who has been served the Petition, and is being demanded a Response.

Types of divorce procedures

There are two types of divorce, and their procedures vary accordingly. It may happen that the Respondent may file an Answer to the Petition, in which the Respondent might challenge the material information in the Petition. Then, the divorce process automatically moves to the hearing. This type of procedure is known as contested divorce.

Sometimes it happens that the Respondent files an Answer in which the Respondent accedes to the request of a divorce. Or it may happen that the Respondent does not file an Answer within 20 days after getting the divorce petition. Both the above-mentioned situations indicate that the divorce is an uncontested one.

When the divorce is an uncontested one, the Petitioner has to choose one of the following two divorce procedures:

  • A hearing is conducted in the court that must be attended by the Petitioner and may be attended by the Respondent. During this hearing, the court will take the final decision regarding the Petition
  • No hearing is scheduled by the court. The court takes the ultimate decision about the Petition on the basis of the papers that are filed by both the divorcing partners

Conditions for court proceedings

This condition is relevant for divorcing parents. In Delaware, if the divorcing couple has children, it is mandatory that both the divorcing partners must be present at a Parent Education Class. In case the children are between 8 to 16 years of age, they must also be present at the Parent Education Class. The court would process the divorce, only when the certificates of completion of this class are produced in the court.

In this article we have provided a brief overview of the different types of Delaware divorce procedures and some significant divorce proceedings. Although all these processes may not apply in your case, you have to go through the basic procedures, as discussed here.

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