Uncontested Divorce in Delaware
In the state of Delaware, the divorcing partner who files for divorce is termed as the Petitioner, while the divorcing partner who responds to the divorce action is known as the Respondent. The Family Court within the county of residence of one of the divorcing partners is the venue for filing the action.
Some characteristics of Uncontested Divorce in Delaware
- Either divorcing partner must have resided in this state for minimum 6 months prior to the beginning of the action.
- The above point is also applicable for military personnel stationed in this state.
- The no-fault ground of divorce is acceptable in this state. It is considered that the marriage is irretrievably broken down and reconciliation is impossible.
- The following are considered as demonstrations of the above ground of divorce.
- Residing apart for 6 months due to incompatibility.
- Separation due to mental illness or misconduct of spouse.
- Voluntary separation.
- If the Respondent accedes to the request for divorce or does not file an Answer within 20 days of receipt of the divorce papers, then it is concluded, that the action is an uncontested one.
- In case of such action, the Petitioner may request the court to take the decision only on the basis of the papers filed and without the need of the spouses requiring to attend a hearing, or
- The Petitioner may request the court to take action after a hearing that must be attended by both the divorcing partners.
Forms associated with Uncontested Divorce in Delaware
Some of the forms that the Petitioner is supposed to file are explained below.
- A Petition for Divorce or Annulment: This form includes information about the divorcing partners, their children, the relief that is requested and whether the action should be based only on the papers in the absence of a hearing or in the presence of a hearing.
- A Request for Notice Form: This is used to affect the Petition and the Summons upon the Respondent.
- A Certified copy of the Marriage Certificate: This can be procured from the Division of Vital Statistics that is located in the jurisdiction where the marriage had taken place.
- A Division of Public Health / Vital Statistics Form: In this document, the particulars of the action are recorded for state records.
- An Information Sheet Form: The various particulars of the case are included in this form. It is specified whether or not the Petitioner is filing for protection from abuse, support, visitation and custody.
- An affidavit that a party’s Social Security Number (SSN) is unknown form: This is done only when the respondent’s SSN is not known.
- An affidavit that a party’s Address is unknown form: This is done when the respondent’s address cannot be determined.
- Certificates of completion of parent education class: These are to be filed when the divorcing partners have children aged less than 18. The certificates are available at the Family Court Resources Center in the 4 counties in the state.
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