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Delaware divorce form

Delaware Divorce (No Minor Children) Uncontested

Download the Delaware no-fault petition for divorce/annulment (form 442) packet for an uncontested divorce without minor children. Instant secure access with the packet documents listed below.

  • editable Word and print-ready PDF formats
  • State-specific for Delaware
  • 100% satisfaction guarantee

Not sure this is the right Delaware packet?

Use this only for an agreed no-fault divorce with no minor child. The official instruction packet and forms are free at courts.delaware.gov. This packet does not fill the forms out for you.

What you receive for Delaware

A filing packet built around the Petition for Divorce/Annulment (Form 442) used to open an uncontested no-fault case in Delaware.

Complete filing packet

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.

Private self-help workflow

Download the files and complete them on your own device. Your personal details are never entered into an online form builder.

Step-by-step guidance

The included checklist walks through residency, filing, service or waiver, and finalizing your decree.

Not sure this is the right Delaware packet?

Use this only for an agreed no-fault divorce with no minor child. The official instruction packet and forms are free at courts.delaware.gov. This packet does not fill the forms out for you.

Included packet documents

This packet includes 19 documents in editable Word and print-ready PDF formats. Use the Word version for editing and the PDF for print-ready reference.

Start here

  • Packet Cover (No Minor Children) PublicLegal cover: what is in the packet, the separately-required items, and the free official source at courts.delaware.gov/family/divorce/forms.aspx Word PDF
  • Filing Instructions (No Minor Children) PublicLegal step-by-step: 6-month residency (13 Del.C. § 1504(a)), the 6-month separation that must exist by the ruling (§§ 1503(8), 1507(e)), the § 1509 preliminary injunction, and the on-the-papers finish (Forms 446/447) Word PDF

Official court forms

  • Petition for Divorce/Annulment (Form 442) The official Family Court petition that opens the case; check the "Incorporate our Separation Agreement" box when the agreement is attached (§ 1507(f)) Word PDF
  • Information Sheet (Form 240) Official docketing data sheet filed with the petition Word PDF
  • Divorce Vital Statistics (Form 441) Official vital-statistics report filed with the petition Word PDF
  • Request for Notice (Form 400) Official form by which the respondent asks to be served or notified Word PDF
  • Affidavit of Non-Military Service (Form 405) Official SCRA status affidavit for a non-military respondent on the no-response path Word PDF
  • Affidavit That a Party's Address Is Unknown (Form 241D) Official affidavit supporting service when the respondent cannot be located Word PDF
  • Stipulation to Incorporate Separation Agreement (Form 443) Official stipulation that makes the parties' notarized separation agreement enforceable as a court order (§ 1519); notarized like the agreement Word PDF
  • Request to Proceed Without a Hearing (Form 446) Official request for an on-the-papers ruling — file ONLY after the court's Notice of Trial-Readiness and within 20 days of the notice date, with a copy attached Word PDF
  • Affidavit in Support of Request to Proceed Without a Hearing (Form 447) Official sworn affidavit supporting Form 446 — do not file if the spouses shared a bedroom or had relations in the prior 30 days (§ 1505(e)) Word PDF
  • Ancillary Financial Disclosure (Form 465) Official disclosure for property/alimony claims — completed and forwarded within 30 days AFTER the decree; sanctions apply for noncompliance Word PDF
  • Affidavit of Mailing (Form 850) Official sworn affidavit filed with the court after Form 465 is forwarded to the other party Word PDF
  • Waiver of Time to Contest Divorce Hearing (Form 428) Official respondent waiver of the 20-day answer window only (§ 1511(a)) — speeds the uncontested track Word PDF
  • Answer to Petition for Divorce/Annulment (Form 448) Official answer form for the respondent Word PDF
  • Affidavit of Appearance / Notice of Injunction (Form 406) Official respondent appearance acknowledging the automatic preliminary injunction (§ 1509) Word PDF
  • Waiver of Rights Under the SCRA (Form 420) Official waiver used when the respondent is in the military and does not appear or answer Word PDF
  • Affidavit in Support of Application to Proceed In Forma Pauperis (Form 257) Official fee-waiver application for filers who cannot afford the filing fee Word PDF
  • Official Divorce Instruction Packet The Delaware Family Court's own published instruction booklet, reproduced unaltered PDF

About this form

Before you file for divorce in Delaware

This packet opens an uncontested no-fault divorce in Delaware, where both spouses agree on the terms.

Delaware is a no-fault divorce state (irretrievable breakdown, 13 Del.C. § 1505(a)) with a 6-month residency rule (§ 1504(a)) and a 6-month separation that must exist by the ruling — but you may file first (§§ 1503(8), 1507(e)). The kit is the official Delaware Family Court fill-in form set behind a PublicLegal cover and step-by-step instructions; the court enters the Decree of Divorce itself (§ 1517(a)), so there is no decree product. The settlement product is a PublicLegal-authored separation agreement — Delaware expressly says it "is NOT a 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.

Preview the Petition for Divorce/Annulment (Form 442) Packet

See page 1 of the actual blank form and review a plain-language outline. The complete formatted documents are delivered after checkout.

Get Complete Editable Documents — $9.99
Page 1 of the Delaware Divorce Packet without minor children (official Family Court set) included in the download
The packet cover, past which is the official Delaware Family Court form set.
This outline is not the form itself. Your download includes the complete editable documents.

Validity and satisfaction guarantee

ILRG is committed to top quality legal forms that are valid in all states. If you are not 100 percent satisfied after purchase, contact us for a full refund.

Frequently Asked Questions About Delaware Petition for Divorce/Annulment (Form 442) Packet Forms

The 19 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.

At least one spouse must have lived in Delaware — or been stationed in Delaware in the armed services — for the 6 months immediately before filing (13 Del.C. § 1504(a)). 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.

Delaware sets no post-filing waiting period — the 6-month separation clock can run before you even file (§§ 1503(8), 1507(e)). Once the case is trial-ready, the court may rule on the papers without a hearing (Request to Proceed Without a Hearing, Form 446 — filed only after the court's Notice of Trial-Readiness, within 20 days of the notice date — plus the Form 447 affidavit) or at a short hearing. You are not divorced until the Family Court enters the Decree of Divorce itself (§ 1517(a)) — Delaware publishes no party-prepared decree form, so there is no decree product.

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.

Download Delaware Petition for Divorce/Annulment (Form 442) (No Children) — $9.99