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Delaware divorce form
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.
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.
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 included checklist walks through residency, filing, service or waiver, and finalizing your decree.
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.
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.
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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 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.
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, no children). The official Delaware Family Court petition that opens a no-fault divorce (irretrievable breakdown, 13 Del.C. § 1505(a)) — check the "Incorporate our Separation Agreement" box when the agreement is attached. Free blank at courts.delaware.gov.
Built on the official fill-in set: the Information Sheet (240), Vital Statistics (441), Request for Notice (400), Stipulation to Incorporate (443), the no-hearing Forms 446/447, SCRA waiver (420), fee-waiver (257), and the disclosure Forms 465/850 — plus the court's own instruction packet, reproduced unaltered.
Timing: 6-month residency before filing (§ 1504(a)); the 6-month separation must exist by the ruling but you may file first (§§ 1503(8), 1507(e)). The court enters the Decree of Divorce itself (§ 1517(a)) — no decree product.
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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.