Reviewed August 2026
Uncontested Divorce Checklist in Delaware
A Delaware divorce becomes uncontested when the respondent either does not answer the petition within 20 days of being served, or answers agreeing with it. At that point, the petitioner alone gets to choose how the case finishes. They can ask the court to decide it on the papers, with no court appearance, or they can ask for a hearing instead. Delaware has no separate summary-dissolution law. This papers-or-hearing choice is the closest thing the state has to a simplified track. It is only available once the case is genuinely uncontested. A separate hearing on property or alimony generally still has to happen, unless the spouses have already settled those issues.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Delaware law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Delaware paperwork. See how Virdix works for California divorces.
Get notified when Virdix reaches Delaware
We'll send one email, nothing else, the day Delaware launches.
How a case becomes uncontested
The respondent has 20 days after being served to answer the petition. If they do not answer, or if they answer agreeing with the petitioner's terms, the case is treated as uncontested. The petitioner then chooses between two paths to a final decree.
One path decides the case on the papers alone, with neither spouse appearing in court. The other sets a hearing, which the petitioner must attend but the respondent does not have to. This choice belongs to the petitioner, not the respondent, and is unavailable once either spouse actually contests something.
Document checklist
Start with Form 442, Petition for Divorce or Annulment, filed at the Family Court courthouse in New Castle, Kent, or Sussex County. File it together with Form 240, the Information Sheet, and Form 441, the Vital Statistics Sheet, plus an original or certified marriage certificate.
A spouse who cannot afford the filing fee can file Form 257, Affidavit in Support of Application to Proceed In Forma Pauperis. Cases with living children of the marriage, up to age 17, need a certified Parenting Education Course completion. That's required under 13 Del. C. section 1507(h), unless the court finds it unnecessary.
Grounds and the 6-month separation
Delaware's only legal ground is that the marriage is irretrievably broken. On the petition, the petitioner checks one of four boxes describing why. The choices are voluntary separation, separation caused by the respondent's misconduct, separation caused by mental illness, or separation caused by incompatibility. None of these creates a separate fault-divorce track or a different procedure.
Whichever box is checked, the court cannot grant the divorce until the spouses have lived separate and apart for at least 6 months. The petition can be filed before that 6 months is up, but no decree can be entered until it runs.
Residency and service
At least one spouse must have lived in Delaware continuously for 6 months immediately before filing. A servicemember stationed in Delaware for that same period also qualifies, even without being domiciled there. There is no separate county-level residency rule, since Delaware Family Court is a single statewide court with three courthouses used only as venues.
The respondent has to be formally served with the petition and a summons. Delaware allows personal service, certified mail, publication in a local newspaper, or the court's no-cost online Legal Notices service. Form 442 lets the petitioner request mail or publication service, at their own expense, when the other spouse's whereabouts are unclear.
Sources: 13 Del. C. Chapter 15, Divorce and Annulment, Form 442, Petition for Divorce/Annulment, Delaware Family Court, divorce self-help page, Delaware Family Court, divorce forms list, Delaware Family Court, all divorce form downloads, Delaware Family Court, Divorce Answer Packet (Form 1017AIP)
Not independently confirmed
- Confirm the current version of Form 257 (in forma pauperis fee waiver affidavit) on courts.delaware.gov before filing.
- The exact circumstances under which a petitioner-elected papers-only decision could still be converted to a hearing by the court, for example if the judge has questions about property or support terms, were not fully confirmed.
Uncontested Divorce Checklist in Delaware: frequently asked questions
Do I have to go to court for an uncontested Delaware divorce?+
Not necessarily. Once the case is genuinely uncontested, meaning the respondent did not answer within 20 days or answered agreeing with the petition, the petitioner gets a choice. They can ask the court to decide the case on the papers alone. The alternative is a hearing, which only the petitioner has to attend. This choice belongs to the petitioner, not the respondent.
What is Delaware's waiting period for a divorce?+
Six months of living separate and apart, regardless of which of the four statutory reasons is checked on the petition. The petition itself can be filed before that period ends, but the court cannot enter a final decree until the full 6-month separation has run. Temporary relief, such as support, can still be requested during that time.
What forms do I need for an uncontested Delaware divorce?+
Start with Form 442, Petition for Divorce or Annulment, plus Form 240, the Information Sheet, and Form 441, the Vital Statistics Sheet, along with a marriage certificate. A spouse who cannot afford the filing fee can add Form 257, the in forma pauperis affidavit. Cases with children under 17 also need a completed Parenting Education Course certificate.
What is Delaware's residency requirement for divorce?+
At least one spouse must have lived in Delaware continuously for 6 months right before filing. A servicemember stationed in Delaware for that same 6 months also satisfies the requirement, even without being domiciled in the state. The case is filed at whichever of the three Family Court courthouses, New Castle, Kent, or Sussex, serves the filer's county.
Does Delaware have a simplified or summary divorce procedure?+
Not a separate statute with its own eligibility caps, like a marriage-length limit. What Delaware offers instead is procedural: once a case is uncontested, the petitioner can choose to have it decided on the papers with no hearing. Property division or alimony usually still needs a hearing unless the spouses have already settled those issues in writing.
Do we need a parenting class if we have children in Delaware?+
Generally yes, if there are living children of the marriage up to age 17. Under 13 Del. C. section 1507(h), both parents must complete a certified Parenting Education Course, at least 4 hours long, unless the court decides it is unnecessary. A more intensive course applies instead when there is a history of domestic violence.
This page is general information about uncontested divorce checklist in Delaware, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Delaware's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Delaware. Virdix does not prepare or file Delaware divorce paperwork. It is not a substitute for an attorney licensed in Delaware.
More Delaware divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Delaware, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
If the court clerk rejects a document we prepared, we fix it for free until it's accepted. See how the guarantee works