How to File for Divorce in Delaware
Step 1 - Download divorce papers for Delaware using one of the buttons above.
Step 2 - The spouse who decides to file for divorce must complete the forms and then file them with the Circuit Court Clerk's Office in the county where he or she resides, in addition to paying the proper filing fee. These may include:
Delaware Complaint of Divorce
Affidavit of Testimony in Support of Decree
Divorce Information Sheet
Step 3 - You must notify your spouse of the filing by sending him or her copies of the filed documents from Step 2 and the Answer, Waiver, and Agreement for Taking of Testimony. Next, your spouse must return the Answer, Waiver, and Agreement for Taking of Testimony to you so that you can deliver the forms to the clerk.
IF YOU HAVE MINOR CHILDREN -- Schedule a time to meet with your spouse to complete the forms related to your children. These may include:
Child Support Obligation Income Statement
Child Support Guidelines
Child Support Guidelines Worksheet
Child Support Guidelines Notice of Compliance
Step 4 - You will have to negotiate the division of your property (i.e. assets and debts) by jointly completing the Separation Agreement. Using the completed Separation Agreement, you then must complete the Final Decree and Judgment of Divorce.
Step 5 - After completing the Final Decree and Judgment of Divorce, the spouse who filed for divorce must file these forms. At the clerk's office, you may schedule a court hearing date if necessary. The clerks office will inform you if a hearing is necessary to complete the divorce, or if a judge will authorize your Final Decree and Judgment of Divorce. If the judge does so, the clerk will mail you the courts authorization. Whether you receive the Final Decree and Judgment of Divorce in the mail or at the court hearing, you will have to file it with the clerk. This filing will complete your divorce in the state of Delaware.
District Courts in Delaware
J. CALEB BOGGS COURTHOUSE
Address - 844 North King Street Unit 18 Wilmington, Delaware 19801
Phone - (302) 573-6170
Filing Fee - $350.00