Delaware Divorce Procedures

In Delaware, if the divorcing couple has child (ren), it is mandatory that both the divorcing partners must be present at a Parent Education Class. In case these child (ren) are between 8 to 16 years of age, these must also be present at the Parent Education Class. Only when the certificates of completion of this class are produced in the court, the court would process with the divorce procedure.

Beginning the Delaware Divorce Procedure

The divorce procedure begins when one divorcing partner files a Petition for divorce in the county wherein either the Petitioner or the Respondent resides. The postal addresses of the courthouses in some of the counties are detailed below.

Sussex

Family Court of the State of Delaware
22 The Circle
Georgetown
Delaware 19947

New Castle

Family Court of the State of Delaware
500 N. King Street
Wilmington, Delaware 19899

Kent

Family Court of the State of Delaware
400 Court Street
Dover, Delaware 19901

Assistance during Delaware Divorce Procedure

The divorcing partners are assisted by the Family Court in the form of making straightforward and simple packets available. These packets include information regarding which forms must be necessarily filed and the method of completion of these forms. Additionally, some sample forms are also provided in this packet. The court offers answers to FAQ’s (Frequently Asked Questions).

The Family Court publishes Instruction Packets related to divorce as well as annulment. A nominal fee is charged for these instruction packets at the Resource Centers. One can procure them for free at the website of the Family Court.

It may be learnt that the Divorce / Annulment Instruction Packet is useful for the Petitioner who is about to file a petition for divorce. There also exists the Answer to Petition for Divorce / Annulment Instruction Packet and this is helpful for the Respondent who has been served the Petition and is being demanded a Response.

Types of divorce procedures

It may happen that the Respondent may file an Answer to the Petition, in which the Respondent might challenge the material information in the Petition. The next step is that the divorce process automatically shifts for hearing. This type of procedure is known as a contested divorce.

Sometimes it happens that the Respondent files an Answer in which the Respondent accedes to the request of a divorce. Or it may happen that the Respondent does not file an Answer within 20 days after getting the divorce petition. Both the above mentioned situations indicate that the divorce is an uncontested one.

When the divorce is an uncontested one, the Petitioner has to choose one of the following two divorce procedures.

• A hearing is conducted in the court that must be attended by the Petitioner and may be attended by the Respondent. During this hearing, the court will take the final decision regarding the Petition
• No hearing is scheduled by the court. The court takes the ultimate decision about the Petition on the basis of the papers that are filed by both the divorcing partners

Divorce Papers