Uncontested Divorce in Delaware

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In the past a marriage was deemed as an unbreakable affair. This bond unites two people who promise to spend life together. But now in this 21st century, many people have started disregarding the sanctity of this bond. For them, this sacred union loses its charm and beauty after some months or years and gives rise to conflicts and issues. Ultimately a struggling relationship is broken through a divorce. A divorce breaks the marital bond between two partners. The USA, one of the most powerful nations in the world has been witnessing a good increase in the number of divorces since the past few decades. The divorce laws and regulations are governed by the states, as a result the fifty states in the nation have their own statutes relating to divorce. Delaware located in the Mid-Atlantic region in the USA has laid down its own divorce laws. Many people go for uncontested divorce in Delaware in a bid to save time, energy and legal expenses.

If you have decided to avoid a contested divorce and come to a mutual agreement with your partner regarding all the divorce issues, you must know the pros and cons of an uncontested divorce in this state. In the state of Delaware, the divorcing spouse who files for divorce is termed as the Petitioner, while the divorcing spouse who is served the paper is known as the Respondent. The Family Court within the county, which is also the residence of one of the divorcing partners, serves as the venue for filing the divorce action.

Let us take a glance at some vital points of an uncontested divorce in Delaware.

Some significant aspects of Uncontested Divorce in Delaware

  • Either divorcing partner must have resided in this state for minimum 6 months prior to the beginning of the divorce action
  • The above point is also relevant in case of military personnel stationed in Delaware
  • The no-fault ground of divorce is acceptable in this state. . Irretrievable break down of the marriage with no reconciliation could be the possible ground to obtain a no fault divorce
  • The following are considered as demonstrations of the above ground of divorce-
    • Residing apart for 6 months due to incompatibility
    • Separation due to mental illness or misconduct of spouse
    • Voluntary separation
  • If the Respondent accedes to the request for divorce or does not file an Answer within 20 days of receipt of the divorce papers then it is concluded, that the action is an uncontested one
    • In case of such action, the Petitioner may request the court to take the decision only on the basis of the papers filed and without the need of the spouses requiring to attend a hearing


    • The Petitioner may request the court to take action after a hearing that must be attended by both the divorcing partners
  • Formal legal separation is not allowed in this state
  • According to the Delaware state laws, a separating couple must not share the same bedroom. In other words, they should not have sexual relations with each other, except when they are making attempts for reconciliation

Forms associated with Uncontested Divorce in Delaware

Some of the forms that the Petitioner is supposed to file are explained below-

  • A Petition for Divorce or Annulment: This form includes information about the divorcing partners, their children, the relief that is requested and whether the action should be based only on the papers in the absence of a hearing or in the presence of a hearing

  • A Request for Notice Form: The Respondent is served with the Petition and the Summons

  • A Certified copy of the Marriage Certificate: This can be procured from the Division of Vital Statistics that is located in the jurisdiction where the marriage had taken place

  • A Division of Public Health or Vital Statistics Form: In this document, the particulars of the action are recorded for state records

  • An Information Sheet Form: The various particulars of the case are included in this form. It is specified whether or not the Petitioner is filing for protection from abuse, support, visitation and custody

  • An affidavit that a party's Social Security Number (SSN) is unknown form: This is done only when the respondent's SSN is not known

  • An affidavit that a party's Address is unknown form: This is done when the respondent's address cannot be determined

  • Certificates of completion of parent education class: These are to be filed when the divorcing partners have children aged less than 18. The certificates are available at the Family Court Resources Center in the 4 counties in the state

We hope that after going through the above-mentioned information, you will be able to prepare yourself for your uncontested divorce in Delaware. You need to complete the paperwork on your own if you choose a DIY uncontested divorce. Otherwise hiring the services of a lawyer is always a better option.

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