Surviving Divorces in Delaware—Everything You Wanted To Know About It

Divorce Settlement Agreement Surviving Divorces in Delaware—Everything You Wanted To Know About It

All You Should Know About Divorces in Delaware

Filing for divorce may be quite stressful, be it a friendly separation or a consequence of quarrels or more serious problems in marriage. One of the most burdensome parts of the process is getting familiar with the requirements, costs, and documents you should prepare. The procedure is simpler if you decide to file for an uncontested divorce and solve the matter out of the court. This guide will teach you all about divorces in Delaware and reveal how using DoNotPay can help you get a valid divorce settlement agreement without a lawyer.

Requirements You Have To Meet To File for Divorce in Delaware

The first and the most important criteria that spouses filing for divorce must meet is that they must be separated at least six months before starting the procedure. The spouse who files for divorce is a petitioner, while the party who receives the divorce papers is considered a respondent.

The separation must be legal, and the only ground for it may be an “irretrievably broken marriage.” There are four possible scenarios leading to this:


  1. Mutual consent—both spouses agreed to end the marriage voluntarily
  2. Respondent’s misconduct, which may include:
    1. Adultery
    2. Abandonment
    3. Bigamy
    4. Criminal conviction
    5. Physical or mental abuse against the petitioner
    6. Physical or verbal abuse against the children
    7. Use of illegal substances
  3. Mental illness of the respondent
  4. Incompatibility between the spouses

Regardless of the reason, divorces can be contested and uncontested. The following table explains both terms in more detail:

Type Explanation
Contested divorce The divorce is contested when, after receiving the papers, the respondent doesn’t agree with the petitioner’s requests. The disagreements are usually related to alimony, child visitation rules, or the allocation of mutual assets. In such cases, the matter escalates and requires a court trial
Uncontested divorce Uncontested divorce occurs if:

  • The respondent doesn’t answer the petition for divorce within 20 days of receiving it
  • The respondent answers the petition and agrees to all the petitioner’s requests

The petitioner can choose to complete all the paperwork with their spouse without a hearing or do it in court. Most couples decide on the first option since they don’t want to pay for lawyers if they agreed on everything

Forms You Need To Complete When Filing for Divorce in Delaware

According to Delaware divorce laws, the first and the most important document the petitioner must complete is the Petition for Divorce (Form 424). It should contain the essential information related to the case, such as:

  • Basic petitioner info
  • Separation details—date and reason
  • Property division requests
  • Alimony details
  • Potential attorney fees

It’s significant to note that child custody and support aren’t discussed in the Petition for Divorce. The rules related to this matter must be established within separated requests.

Besides Form 424, the petitioner also has to prepare and fill out the following documents:

  • Information Sheet (Form 240)
  • Vital Statistics Sheet (Form 441)
  • Request for Notice (Form 400)
  • Affidavit of Children’s Rights (Form 279)—if the couple has children under the age of 18
  • Separation Agreement
  • Stipulation to Incorporate the Separation Agreement Form (Form 443)

What Does an Uncontested Delaware Divorce Look Like?

Here are the steps a person will have to take when filing for an uncontested divorce in DE:

  1. Prepare all the divorce documents necessary for the start of the procedure—The petitioner should complete all the standard Delaware divorce papers and get an original or certified copy of their marriage certificate. Most forms can be found in digital format on the official website of the court
  2. Complete the required documents
  3. Deliver the forms to the county clerk
  4. Wait for their spouse to receive and fill out the divorce papers
  5. Sign a divorce settlement agreement to confirm the rules they agreed upon with their ex-partner

Get a Personalized Divorce Settlement Agreement in Minutes With DoNotPay

If you and your spouse decide to part ways amicably through an uncontested divorce, DoNotPay helps you get a divorce settlement agreement in a snap. Forget wasting a hefty amount on a draft made by a lawyer or taking risks with unreliable online templates. We will generate a legally binding contract in record time using the info you provide and simplify the divorce procedure.

Here are the steps you should follow to create your document:

  1. Sign in to your DoNotPay account
  2. Look for the Divorce Settlement Agreement product
  3. Respond to our chatbot’s questions about your spouse and children
  4. Provide more details on the assets that should be divided

Once we receive all the required information, we will compose the agreement you can download and print out right away. All you need to do is sign the paper with your ex-partner and have it notarized, which you can also do using our app.

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