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Delaware Divorce Forms
This is a list of the most commonly filed divorce forms for the state of Delaware. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in Delaware, certain forms may or may not be required by the Delaware courts.
Petition for Divorce/Annulment, Form 442
The Petition for Divorce/Annulment, which must be signed in the presence of a Notary Public or the Clerk of Court, identifies the spouses, the children, the relief requested. The Petition specifies the type of divorce proceeding requested if the action is uncontested: 1) "solely on the papers" and without a hearing, or 2) with a hearing decided by a Commissioner.
Information Sheet Form, Form 240
The Information Sheet Form identifies the particulars of the case, including whether or not the Petitioner is filing for custody, visitation, support or protection from abuse.
Certificate of Divorce or Annulment
The Certificate of Divorce or Annulment, Division of Public Health, records the particulars of the action for state records.
Request for Notice, Form 400
The Request for Notice Form can be used to effect a Summons and the Petition upon the Respondent. This form provides for the Respondent to receive a copy of the Petition without service of a Summons and enter an Appearance, which means he or she agrees with the action and it will move along uncontested. It also has a provision to 1) serve notice of the action by certified mail, return receipt requested and 2) for Service by Publication, in the event that a missing spouse cannot be located by mail.
Affidavit of Children’s Rights, Form 279
Affidavit of Children’s Rights, which must notarized, is a 10-point statement of the rights of children, and it must be completed if the divorcing spouses are the parents of children under 18. A copy of this affidavit must be signed by each parent.
Stipulation to Incorporate the Separation Agreement, Form 443
The Stipulation to Incorporate the Separation Agreement Form incorporates and enforces the separation agreement as part of the final Divorce Decree. Both the husband and the wife must sign this stipulation, and each signature must be notarized. The spouses need not sign at the same time, nor need they use the same Notary Public.
Affidavit that a Party’s Address is Unknown, Form 241
The Affidavit that a Party’s Address is Unknown Form, which is signed by the Petitioner and must be notarized, is filed as a preliminary to Alternative Service of Process. It is filed only when the Respondent’s address is not known.
Affidavit that a Party’s Social Security Number is Unknown, Form 421
Affidavit that a Party’s Social Security Number is Unknown Form is filed only when the Respondent’s Social Security Number is not known.
Waiver of Rights Under the "Servicemembers Civil Relief Act," Form 420
The Waiver of Rights under Servicemembers’ Civil Relief Act, which must be notarized, is filed only when the Respondent is in the military and agrees to waive his or her protection from civil litigation under the act.
Affidavit in Support of Request to Proceed without a Hearing, Form 447
Affidavit in Support of Request to Proceed without a Hearing certifies that the spouses have "not occupied the same bedroom or had sexual relations with each other in the past 30 days." The Affidavit is filed when all the allegations in the Petition for Divorce/Annulment remain true and if the Respondent has not filed an Answer to the Petition for Divorce/Annulment. After the Request to Proceed without a Hearing and the Affidavit in Support of Request to Proceed without a Hearing have been filed, the case papers are forwarded to a Commissioner, who decides whether or not to grant the Petition without a hearing based "solely on the papers," and the spouses receive copies of the Order and Decree of Divorce. If he or she does not grant the Petition, the Commissioner may schedule a hearing to take testimony.
Affidavit of Non-Military Service, Form 405
The Affidavit of Non-Military Service, notarized and filed by the Petitioner, is only if the Respondent is not in the military, and the Petitioner has filed an Affidavit in Support of Request to Proceed without a Hearing.
Rule 16(c) Financial Report, Form 465
A Rule 16(c) Financial Report is filed when the spouses request that the court to retain jurisdiction over "ancillary matters," such as support, and they may include property division and/or alimony. The Petitioner has 30 days from the date of the Divorce Decree to file a Rule 16 (c) Financial Report Form. Both parties must complete the same form and exchange it with each other. The Rule 16 (c) form is very long, and it takes quite some time to complete. Both parties are well advised to make copies of the completed form. For purposes of this form, the Petitioner is the person who completes the form first, even if he or she is not the person who filed the Petition for Divorce, and the Respondent is the person who completes the form second. After mailing the forms, both parties must complete a notarized Affidavit of Mailing attesting to the mailing to the other party.
Affidavit of Mailing, Form 850
An Affidavit of Mailing, which must be notarized, is used when either party must certify that he or she has mailed divorce papers to the other party.
Answer to Petition For Divorce/Annulment, Form 448
The Answer to Petition For Divorce/Annulment, sworn and notarized and signed by the Respondent, must be returned to the Petitioner within 20 days of receipt of the divorce papers, or the divorce may be granted to the Petitioner on his or her terms. The Answer gives the Respondent an opportunity to admit or deny the facts as presented by the Petitioner in the complaint. The Respondent may also file a Counterclaim with his or her Answer.
Affidavit of Appearance in Divorce/Annulment and Notice of Injunction, Form 406
The Affidavit of Appearance in Divorce/Annulment and Notice of Injunction, which is signed by the Respondent and notarized, enters his or her Appearance in the action. The Notice of Injunction is standing orders prohibiting dissipation of marital assets and harassment of the adverse party.
Affidavit of Appearance in Divorce/Annulment and Waiver of Rights Forms
The Affidavit of Appearance and the Waiver of Rights, which is filed by the Respondent, tells the court that he or she does not need to be given notice of the Petition for Divorce/Annulment, and that he or she will not file an Answer to the Petition.
The Delaware court does not consider the gender of the parents when determining custody. Whenever the court must resolve disputed custody, it uses the best interests of the child standard and considers the wishes of the child's parents as to his or her living arrangements, the wishes of the child, the interaction of the child with siblings, grandparents, or other members of the family, the child's adjustment to his or her home, school, and community, the emotional and physical health of the entire family and evidence of domestic violence on the child, other family members, or anyone else.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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