Delaware Divorce Forms
The Delaware Family Court provides all divorce forms as free downloads, but the forms come without a filing sequence. Knowing which forms you need and the order to submit them is the difference between a smooth filing and a clerk rejection.
Here is every form in the Delaware divorce process, organized in the order you actually use them.
Initial Filing Forms
These go in your first packet to the court:
| Form | Name | Purpose |
|---|---|---|
| 442 | Petition for Divorce/Annulment | The main document — identifies parties, states grounds, lists relief requested |
| 240 | Information Sheet | Names, addresses, SSNs, contact details for both spouses |
| 441 | Vital Statistics Sheet | Required by the Division of Public Health to register the divorce |
| 400 | Request for Notice | Tells the clerk how to serve the respondent |
| 279 | Affidavit of Children's Rights | Required for minor children under 18 born to or adopted by the parties during the marriage |
You also need an original or certified copy of your marriage certificate. The court rejects photocopies.
Same-sex marriages use Form 441SS instead of Form 441.
Service of Process Forms
After the court assigns your case number, you need one of these depending on how your spouse is served:
| Form | Name | When to Use |
|---|---|---|
| 593 | Notice of Special Process Server | You want a private, court-approved server instead of the sheriff |
| 406 | Affidavit of Appearance in Divorce Action | Your spouse is cooperative and will sign this before a notary to waive formal service |
| 241D | Affidavit That a Party Address is Unknown | Your spouse cannot be found after a diligent search |
Form 406 is the fastest path — it eliminates the sheriff wait and moves your case straight to the response window.
Response and Contest Forms
| Form | Name | Who Files It |
|---|---|---|
| 448 | Answer to Petition for Divorce/Annulment | The respondent, within 20 days of being served |
If the respondent doesn't file Form 448, the case may proceed on a default path, but default is not automatic. If they file it and agree to everything, the case is uncontested. If they contest the grounds or separation date, the case goes to a commissioner for trial scheduling.
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Finalization Forms
| Form | Name | Purpose |
|---|---|---|
| 446 | Request to Proceed Without a Hearing | Asks the court to decide the case "on the papers" — no courtroom appearance |
| 447 | Affidavit in Support of Request to Proceed Without Hearing | Notarized or signed under penalty of perjury; submitted with Form 446 |
| 405 | Affidavit of Non-Military Service | Required at the hearing if respondent didn't answer and isn't military |
The "on the papers" route (Forms 446 + 447) is the most common path for uncontested divorces in Delaware. The commissioner reviews the filings and mails the Decree of Divorce without scheduling a hearing.
Ancillary and Financial Forms
| Form | Name | When to Use |
|---|---|---|
| 465 | Ancillary Financial Disclosure Report | Required if property division, debt allocation, or alimony was requested — the initiating spouse completes, notarizes, and mails it within 30 days of receiving the decree; the responding spouse has 30 days from the mailing date to complete the response, file the original, and mail a copy |
| 850 | Affidavit of Mailing | Filed after mailing Form 465 to the other spouse |
| 466 | Ancillary Pretrial Stipulation | Used to outline agreed and disputed items before the pre-trial conference or trial |
Other Relevant Forms
| Form | Name | When to Use |
|---|---|---|
| 443 | Stipulation to Incorporate Separation Agreement | Used with a written marital settlement agreement |
| 450 | Petition for Protection From Abuse | Used to request protection from abuse |
| 654 and 656 | Emergency/ex parte PFA hearing forms | Used for emergency or ex parte PFA hearing requests |
Fee Waiver Form
| Form | Name | Purpose |
|---|---|---|
| 257 | Affidavit in Support of Application to Proceed In Forma Pauperis | Requests a fee waiver; eligibility is evaluated from disclosed household finances under federal guidelines |
How to Submit Forms
Delaware Family Court accepts forms three ways: in person at courthouse Resource Centers (New Castle, Kent, or Sussex County), by mail, or by email to [email protected].
Email submissions must be PDF or Word files — no images, no cloud links. Packages over 25 pages must be filed on paper. Digital signatures use the format /s/ Full Legal Name.
Getting the Forms in the Right Order
The Delaware Divorce Filing Process Guide organizes every form into a chronological filing sequence with deadline trackers, so you submit the right form at the right time instead of guessing which one comes next.
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Download the Delaware — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.