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With 123DivorceMe you complete ALL the required Delaware specific forms and Marital Settlement Agreement online yourself without the cost of a lawyer. In less than 1 hour you can have your completed divorce forms ready for signing, addressing property/debt division, custody, support, name changes, and more. Instantly print your completed paperwork from your own computer, sign, and file for divorce today.
Residency Requirements: 6 Months
Where to File: County in which the Petitioner or Respondent resides
No-Fault Grounds: Irretrievable Breakdown, Incompatibility, Living Separate or Apart
Filing Spouse: Petitioner
Non-Filing Spouse: Respondent
Court Title: The Family Court of the the State of Delaware, In and for ( ) County
Waiting Period to Re-Marry: None
You or your spouse must meet the Delaware residency requirements for the Family Court to have jurisdiction of your case. The requirements before filing your Petition for Divorce (the document that initiates your divorce) are as follows:
Either the petitioner or respondent, at the time the action was commenced, must reside in the State, or is stationed in the State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. The divorce may be filed in the county in which either spouse resides.
In order to use this service, you and your spouse must agree (or eventually agree) on getting the divorce. Your spouse's participation is minimal, being he or she will only have to sign a few documents and return them to you for filing with the court.
The most common "uncontested" grounds for divorce in Delaware are:
The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable.
A marriage is irretrievably broken where it is characterized by: (1) Voluntary separation; or (2) Separation caused by respondent's misconduct; or (3) Separation caused by respondent's mental illness; or (4) Separation caused by incompatibility.
All of your documents will be current according to Delaware statutes and will address over 100 issues. A few of these issues are; assets, property, current debts, future debts, insurances, retirement and pension accounts, spousal support/alimony, real estate, small businesses, tax filings, name changes, and professional fees. If you have children, our service will also address physical and legal custody arrangements, visitation schedules, child support, and health and medical coverage.
If you desire, you can visit the Delaware State Website for more information about Delaware divorce laws.
Our service will utilize the most effective procedures in which to get an uncontested divorce. By applying these simplified rules permitted by your local court, your divorce will be simple and affordable. These court rules are as follows:
The respondent may file an appearance which will fulfill the requirement of service of process.
Family Court Information Sheet
Petition for Divorce
Marital Settlement Agreement
Schedule for Visitation/Parenting Time of Minor Children
Request for Notice
Affidavit of Appearance and Waiver of Rights
Affidavit of Children's Rights
Custody Separate Statement
Child Support Calculation Worksheet
Instructions for Child Support Calculation
Stipulation to Incorporate Settlement Agreement
Decree of Divorce
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