To file for divorce in Delaware, either you or your spouse must have lived in Delaware for at least 6 months immediately before the filing for divorce or annulment. You may also file for divorce in Delaware if you or your spouse has been stationed in the state as a member of the military for at least 6 months immediately before the filing.
To initiate a divorce or annulment children in Delaware, you will need the following forms:
- Delaware Affidavit of Children’s Rights (if minor children are involved)
- Delaware Divorce Instruction Packet
- Delaware Divorce Instruction Sheet
- Delaware Divorce Vital Statistics Sheet
- Delaware Petition For Divorce
- Delaware Request For Notice
The laws governing divorce and annulment are found in Title 13 of the Delaware Code. It will be helpful for you to read these statutes, so that you are aware of the law that the Court will be applying when deciding your case. The Delaware Code is available in the Family Court Resource Centers, public libraries throughout Delaware and at: https://delcode.delaware.gov
Keep a copy of every divorce form and court document.
Keep all notes, documents and court documents together and organized in a folder.
Bring this folder with you each time you go to Court.
When you file a document with the Court, bring the required number of copies of each form and an extra copy for you to have “clocked in”. Keep the clocked-in copy in your folder as proof of the time and date you filed each document.
Feel like you need a divorce lawyer? Visit our Divorce Lawyers in Delaware page.