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Delaware divorce form
Download the Delaware no-fault petition for divorce/annulment (form 442) packet for an uncontested divorce with minor children. Instant secure access with the packet documents listed below.
Use this if there is a minor child and the divorce is agreed. The official instruction packet and forms are free at courts.delaware.gov. This packet does not fill the forms out for you.
A filing packet built around the Petition for Divorce/Annulment (Form 442) used to open an uncontested no-fault case in Delaware.
Everything needed to open an uncontested no-fault divorce in Delaware: the petition for divorce/annulment (form 442) plus the supporting filing documents listed below.
Download the files and complete them on your own device. Your personal details are never entered into an online form builder.
The packet materials walk through filing, service or waiver, and the support documents a children case requires.
Use this if there is a minor child and the divorce is agreed. The official instruction packet and forms are free at courts.delaware.gov. This packet does not fill the forms out for you.
This packet includes 24 documents in editable Word and print-ready PDF formats. Use the Word version for editing and the PDF for print-ready reference.
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Official court forms
About this form
This packet opens an uncontested no-fault divorce in Delaware, where both spouses agree on the terms.
Delaware cases with minor children use the official Family Court fill-in set behind a PublicLegal cover and instructions: the Petition (Form 442), the Affidavit of Children's Rights (Form 279), the Custody Separate Statement, the official Melson Formula child-support calculation (Forms 509/509i), and the court's Parent Education Directory (course required to age 17, § 1507(h)). The settlement product is a PublicLegal-authored separation agreement — Delaware publishes no court form — bundled with the official Form 443 Stipulation to Incorporate. The blank official forms are free at courts.delaware.gov/family/divorce/forms.aspx — you are paying for current-edition packaging and ILRG product support. The FAQ below covers the details.
See page 1 of the actual blank form and review a plain-language outline. The complete formatted documents are delivered after checkout.
PETITION FOR DIVORCE/ANNULMENT (official Form 442, with children). The official Delaware Family Court petition that opens a no-fault divorce (irretrievable breakdown, 13 Del.C. § 1505(a)). Free blank at courts.delaware.gov.
Built on the official fill-in set: the Affidavit of Children's Rights (279), Custody Separate Statement, the Melson Formula child-support calculation (509/509i), Ancillary Financial Disclosure (465), the no-hearing Forms 446/447, and the parent-education directory (course required to age 17, § 1507(h)).
Timing: 6-month residency (§ 1504(a)); the 6-month separation must exist by the ruling (§§ 1503(8), 1507(e)). Custody and support stay under the court's best-interests review (§ 722); the court enters the decree itself (§ 1517(a)).
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The 24 packet documents listed on this page are included, delivered in Word and print-ready PDF formats. The packet centers on the Petition for Divorce/Annulment (Form 442) that opens an uncontested no-fault case, plus the supporting filing documents and reference materials shown above.
The same 6-month residency rule applies (§ 1504(a)), and Delaware must have custody jurisdiction over the children under the UCCJEA (13 Del.C. tit. 13, ch. 19A) — usually as their home state. File in the Family Court of the county where either spouse lives (§ 1507(c)).
This packet uses the no-fault ground that the marriage is irretrievably broken and reconciliation is improbable (13 Del.C. § 1505(a)) — shown by voluntary separation or incompatibility. The separation must have run for 6 months immediately before the court RULES, but you may file right away (§§ 1503(8), 1507(e)); separation can be under the same roof (separate bedrooms, no sexual relations). If your spouse will contest, consult a Delaware attorney.
The same 6-month-separation track applies. Cases with minor children add the Affidavit of Children's Rights (Form 279), the Custody Separate Statement, the Melson Formula child-support calculation (Forms 509/509i), and the mandatory parent-education course for children up to age 17 (waivable by motion; certificate before the case is trial-ready, § 1507(h)). Custody and support always remain under the court's best-interests review (§ 722). You are not divorced until the Family Court enters the decree itself (§ 1517(a)).
No. This packet is the agreed path for spouses who settle every issue. Filing triggers an automatic preliminary injunction against disposing of property or removing children (§ 1509). If your spouse will contest, consult a Delaware attorney about the contested process.
No. ILRG provides self-help legal forms and information, not legal advice. Consult a Delaware attorney if you have significant property, retirement accounts, business interests, safety concerns, or any disagreement about terms.