Delaware Divorce Forms


File Your Own Divorce in Delaware: Free Downloadable Divorce Forms

Sadly, over 50% of marriages fail. To add insult to injury, divorce proceedings can take years and cost thousands of dollars in legal fees. However, it is possible to file your own divorce in Delaware for no more than the state divorce form filing fees. This page provides all of the forms you need to initiate your do-it-yourself divorce in Delaware.


How to file for Divorce in Delaware:

Fill out the Petition for Divorce/Annulment, Information Sheet, Request for Notice, and Vital Statistics Sheet for a husband and wife couple or a Vital Statistics Same Sex Marriage form for a same sex couple. Forms that are situational are the Affidavit of Children's Rights, Stipulation to Incorporate Separation Agreement, Affidavit of Unknown Address, Affidavit of Non-Military Service, Waiver of Rights under the Servicemembers' Civil Relief Act, Affidavit That a Partys SSN is Unknown, Request to Proceed without a Hearing, Rule 16c Financial Report, Affidavit of Mailing, and the Form of Order -Re: 16c Financial Report. For more information on when these forms are needed see http://courts.delaware.gov/Help/Divorce/forms.stm. After the necessary forms are filed go to Court for the hearing and the Divorce decree will be made by the Court.


Delaware Divorce Forms


In Delaware, Divorces are handled by the The Judicial Branch of Delaware. It is quite possible to avoid lawyers' fees by filing for your own divorce in Delaware. You can download 16 of the forms you need to petition for divorce here - see the "who must file" section to determine which forms are relevant in your situation.

Form Used For:
Annulment or Divorce Filing
Form Name:
Petition for Divorce/Annulment (Form 442)
Who Must File:
All individuals filing a divorce, legal separation, or nullification of marriage.

This form is filled out to file for divorce or Annulment.

Form Used For:
Miscellaneous
Form Name:
Information Sheet (Form 240)
Who Must File:
All individuals filing a divorce, legal separation, or nullification of marriage.

This form is a form for providing various information to the Court.

Form Used For:
Miscellaneous
Form Name:
Vital Statistics Sheet (Form 441)
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form for keeping track of Divorce and Annulment statistics in Delaware of husband and wife couples.

Form Used For:
Miscellaneous
Form Name:
Vital Statistics Same Sex Marriage
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form for keeping track of Divorce and Annulment statistics in Delaware of same sex couples.

Form Used For:
Miscellaneous
Form Name:
Request for Notice (Form 400)
Who Must File:
All individuals filing a divorce, legal separation, or nullification of marriage.

This is a form for notifying your spouse that you are filing a Divorce complaint or Annulment.

Form Used For:
Child Custody
Form Name:
Affidavit of Children's Rights (Form 279)
Who Must File:
Both parties in the Divorce who have children under 18 years of age

This form informs both parents of the rights of their children.

Form Used For:
Separation to Divorce
Form Name:
Stipulation to Incorporate Separation Agreement (Form 443)
Who Must File:
Some individuals filing for divorce

This is a form used to incorporate agreements made in the Separation Agreement into the Final Decree of Divorce.

Form Used For:
Absent Spouse
Form Name:
Affidavit of Unknown Address (Form 241)
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form used to find your spouse if they are missing and you have absolutely no idea where they are.

Form Used For:
Military Divorce
Form Name:
Affidavit of Non-Military Service (Form 405)
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form stating that your spouse is NOT in the military and has not filed an answer to the Divorce filing or told the Court they are going to appear on the day of the Divorce hearing.

Form Used For:
Military Divorce
Form Name:
Waiver of Rights under the Servicemembers' Civil Relief Act (Form 420)
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form stating that you are active duty in the military and cannot be there for the hearing.

Form Used For:
Miscellaneous
Form Name:
Affidavit That a Partys SSN is Unknown (Form 421)
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form if you do not know the other spouse's social security number.

Form Used For:
Miscellaneous
Form Name:
Request to Proceed without a Hearing (Form 446)
Who Must File:
Optional

This is a form that is used to request to proceed in the Divorce without a hearing.

Form Used For:
Miscellaneous
Form Name:
Affidavit in Support of Request to Proceed without Hearing (Form 447)
Who Must File:
Optional

This is a form that is used to request to support the request to Divorce without a hearing.

Form Used For:
Property Division
Form Name:
Rule 16c Financial Report (Form 465)
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form for dealing with the property, assets and debts of both parties in the Divorce.

Form Used For:
Miscellaneous
Form Name:
Affidavit of Mailing (Form 850)
Who Must File:
Some individuals filing a divorce, legal separation, or nullification of marriage.

This is a form for dealing with forms sent to the mail that have to deal with the Divorce.

Form Used For:
Property Division
Form Name:
Form of Order – Re: 16c Financial Report (Form 449)
Who Must File:
All individuals whom a divorce has been filed against

This is a form that is needed if Rule 16c Financial Report is not filed quickly.


These Delaware divorce forms are sourced from the The Judicial Branch of Delaware at http://courts.delaware.gov/Help/Divorce/forms.stm. Please note that while we do our best to ensure this list of forms is complete and up-to-date, we cannot be held responsible for omissions or errors in the information we provide. If you notice a mistake on this page, please let us know and we will fix it as soon as possible.