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Guide to Uncontested Divorce in Delaware

December 23, 2025

Uncontested / Simple Divorce in Delaware: A Plain-English Guide

If you and your spouse agree that the marriage is over and you don’t want a long, expensive court fight, an uncontested divorce in Delaware (often called a “simple divorce”) may be one of the more straightforward ways to legally end a marriage.

In Delaware Family Court, uncontested cases are mostly about forms, filing, and deadlines, not courtroom drama. That’s why people often search for specific items like the Petition for Divorce/Annulment (Form 442), the Information Sheet (Form 240), and the option to finish the case with a Request to Proceed without a Hearing (Form 446) in eligible situations.

Important disclaimer: PlainDivorce.com is not a law firm and this guide is legal information only, not legal advice. Court forms, fees, and procedures can change, and your facts may be different. For current requirements, review Delaware Family Court instructions and forms, or speak with a Delaware family law attorney if you need legal advice.

Table of Contents

uncontested divorce in Delaware

1. What Is an Uncontested or Simple Divorce in Delaware?

In Delaware, Family Court can grant a divorce when it finds the marriage is “irretrievably broken”. In plain English, that means the marriage relationship has broken down and reconciliation is not likely.

  • Contested divorce: the spouses disagree about major issues (or one spouse actively opposes the divorce), and the case often involves hearings and more litigation.
  • Uncontested divorce: the divorce is not opposed, and the paperwork is consistent and complete. In some cases, the court can decide the case based on documents without an in-person hearing if the court’s requirements are met.

In Delaware, many cases start with the Petition for Divorce/Annulment (Form 442) along with required cover paperwork like the Information Sheet (Form 240) and the Vital Statistics Sheet (Form 441) (or a variant used for certain marriages).

If you and your spouse have a written agreement and want the judge to make it part of the final order, Delaware Family Court uses the Stipulation to Incorporate Separation Agreement (Form 443). (A “separation agreement” is generally not a court form. It’s a written agreement between spouses.)

Finally, Delaware Family Court lists a paperwork-only option in certain cases called a Request to Proceed without a Hearing (Form 446). This is the local “no-hearing” pathway people often mean when they search for “Delaware uncontested divorce without going to court.”

2. Who Qualifies for an Uncontested Divorce in Delaware?

Before planning a DIY divorce in Delaware, it helps to confirm (1) Delaware has authority over the case (residency/jurisdiction) and (2) your case fits an uncontested pathway (no active dispute the court must decide).

2.1 Residency Requirements (The 6-Month Rule)

Delaware’s divorce statute generally requires that at least one spouse has actually resided (been domiciled) in Delaware, or been stationed in Delaware as a member of the U.S. armed services, for 6 or more months immediately before the divorce case is filed.

2.2 The Separation Rule (6 Months) is Delaware’s Biggest Timeline Driver

Delaware’s “6-month rule” is not just a waiting period after filing. Under Delaware law, “separation” generally means living separate and apart for 6 or more months before the court rules on whether to grant the divorce.

2.3 “Separated Under One Roof” (Yes, It Can Count)

Delaware law also allows separation to start or continue while living in the same home if, during that period, the spouses:

  • occupy separate bedrooms, and
  • do not have sexual relations with each other.

Because separation is often proven through sworn statements and timelines, this topic is very fact-specific. It can help to keep dates and facts consistent across your paperwork and any required affidavits.

2.4 When a Case Is a Good Fit for Uncontested / Simple Divorce

  • Both spouses agree the marriage is irretrievably broken.
  • Both spouses can cooperate on paperwork and deadlines.
  • If there are children, both parents can complete required parent education steps and submit the required children-related forms.
  • If there is a written agreement, the spouses can submit it in the way Delaware Family Court requires (including Form 443 if asking the court to incorporate it).

2.5 When Uncontested Divorce May Not Work Well

  • There is domestic violence, intimidation, or safety risk.
  • One spouse is hiding finances or refusing to share basic information.
  • There is a serious dispute about children, support, or property.
  • The case involves complex assets (businesses, multiple properties, complicated retirement accounts).
  • There are concerns about immigration, bankruptcy, or major tax consequences.

In those situations, getting legal advice from a Delaware family law attorney can reduce the risk of costly mistakes.

3. Step-by-Step Overview of the Uncontested Divorce Process

Most Delaware uncontested divorce cases follow the same basic flow: qualify → prepare forms → file → complete notice/service steps → complete any required parent education (if children) → submit final paperwork → receive the decree.

Step 1 – Confirm Residency and the Separation Timeline

  • Residency: one spouse generally needs 6+ months of Delaware residence (or military stationing) before filing.
  • Separation: Delaware generally requires 6+ months separation before the court will rule on granting the divorce.
  • Separated under one roof: separation may still count if you meet Delaware’s under-one-roof requirements.

Step 2 – Decide How You’ll Handle Your Agreement

If you have a written agreement and want the court to incorporate it into the final decree, Delaware Family Court provides Stipulation to Incorporate Separation Agreement (Form 443). This is the local form that tells the judge you want your agreement incorporated and enforceable.

Step 3 – Prepare the Core Delaware Family Court Filing Forms

Delaware Family Court lists several forms as required for filing acceptance. Common examples include:

  • Petition for Divorce/Annulment (Form 442)
  • Information Sheet (Form 240)
  • Vital Statistics Sheet (Form 441) (or another version used in specific situations)

If you have children who are under 18, Delaware Family Court also lists Affidavit of Children’s Rights (Form 279) as a required filing for that situation.

Step 4 – File in Delaware Family Court (Correct County)

Divorce cases are filed in Delaware Family Court. The court’s divorce overview page explains that filing is generally in the county where either spouse lives. Filing methods (in person, mail, and other approved options) can vary, so it helps to review the current court instructions before submitting documents.

Step 5 – Complete Notice/Service Steps the Court Requires

After filing, the case must follow Delaware’s required notice/service process so the other spouse has proper legal notice. The specific method depends on the case and the court’s instructions (including what happens if an address is unknown).

Step 6 – Make the Case “Ready” for the Court to Decide

Even in an uncontested case, the court needs a complete, consistent file. That usually means the separation timeline is satisfied, notice/service steps are completed, and any required children-related items (including parent education requirements) are finished and documented.

Step 7 – The No-Hearing Option (Form 446) and the 20-Day Window

Delaware Family Court lists a paperwork-only option called Request to Proceed without a Hearing (Form 446). A key detail is timing: the court’s form list states this request is filed within 20 days of the date on the Notice of Trial Readiness you receive from the court, and the notice is attached to the request.

Delaware Family Court also lists a required companion document: Affidavit in Support of Request to Proceed Without a Hearing (Form 447), which is attached when using the Form 446 pathway.

Download Our Delaware Uncontested Divorce Self-Help Kit

4. Special Issues When You Have Children

If you have children under 18, Delaware Family Court focuses on protecting children’s interests. Uncontested cases can still move efficiently, but the paperwork and requirements are stricter.

4.1 A “Hidden Form” That Causes Delays: Affidavit of Children’s Rights (Form 279)

Delaware Family Court lists the Affidavit of Children’s Rights (Form 279) for cases where the spouses have children under 18. Missing children-related paperwork is one of the most common reasons DIY filings get delayed.

4.2 Parenting Arrangements and Child Support

  • Where the children will live and what the weekly schedule looks like
  • Holiday/vacation schedules
  • How parents will make major decisions (school, medical, activities)
  • How parents will communicate and exchange the children

Delaware uses child support guidelines. Even if parents agree, the court can review whether the support and parenting-related terms fit Delaware requirements and protect the children’s needs.

4.3 Parent Education (Required in Many Cases With Children)

Delaware Family Court has Parent Education Programs for separating/divorcing parents. The court’s Parent Education materials state that parents in divorce cases with children up to age 17 must attend, and that if a certificate is not received within a stated timeframe (including a 180-day rule referenced in the court’s guide), the petition can be dismissed.

5. How Long Does an Uncontested Divorce Take in Delaware?

The biggest timeline driver in many Delaware cases is the 6-month separation requirement. Delaware law allows the petition to be filed after separation begins (once residency is met), but the court generally does not rule on granting a divorce until the parties have been separated for six months.

After separation is satisfied, timing often depends on how quickly the file becomes complete (notice/service, children-related requirements, and any requested paperwork-only route such as Form 446 when available) and the court’s workload.

  • Separation clock: six months is the baseline timeline driver in many no-fault cases.
  • Case readiness: missing forms, missing certificates, or inconsistent dates can slow the process.
  • No-hearing request: if using Form 446, the court’s instructions include a 20-day filing window tied to the Notice of Trial Readiness.

6. What Does an Uncontested Divorce Cost?

Delaware Family Court publishes an official fee schedule. As of the court’s schedule effective 8/11/25, the civil filing cost for a divorce is $165, and it is noted as subject to a $10 Court Security Assessment on certain initial civil filings.

Other costs can include service/notice expenses, copies, optional certified copies of the decree, and (when applicable) parent education program fees. If the divorce filing also includes additional requested matters, the court may assess additional costs based on the fee schedule and the type of filing.

7. When a DIY Divorce Might Not Be Right for You

  • Domestic violence, threats, stalking, or coercive control
  • Major imbalance of financial information or power
  • Serious dispute about parenting or safety
  • Complex property or high-value assets
  • Concerns about immigration, taxes, or bankruptcy

If any of these apply, it may still be possible to settle, but legal advice before filing can reduce risk.

8. Where a Self-Help Divorce Kit Fits Into the Process

For many DIY filers, the hardest part is not deciding to divorce. It’s matching the right Delaware paperwork to the right situation and keeping dates, names, and requests consistent across forms.

  • Process clarity: where key documents fit and what happens next
  • Form organization: keeping a clean filing package (for example, Form 442, Form 240, and Form 441)
  • Children-related clarity: highlighting common “hidden” requirements when there are children, including Form 279 and parent education steps
  • No-hearing clarity: explaining how Delaware’s Form 446 timing works (including the Notice of Trial Readiness trigger)

Using a kit does not replace legal advice and does not guarantee a result. If there are safety concerns or you are unsure about rights or outcomes, legal advice can be important.

9. Delaware Uncontested Divorce FAQ

What is an uncontested or simple divorce in Delaware?

In plain English, it’s a divorce where the case is not being fought in court and the paperwork is complete and consistent. Delaware Family Court still has required forms and deadlines, and in some situations the court can decide based on documents (Form 446) instead of an in-person hearing.

How long does an uncontested divorce take in Delaware?

In many cases, the biggest factor is Delaware’s separation rule: the court generally does not rule on granting a divorce until the parties have been separated for six months. After that, timing depends on notice/service, children-related requirements, and whether the file is complete.

Do we have to go to court for an uncontested divorce in Delaware?

Not always. Delaware Family Court lists a “no-hearing” option called Request to Proceed without a Hearing (Form 446), but it has timing rules tied to the court’s Notice of Trial Readiness and requires a supporting affidavit (Form 447).

Can we be “separated” while living in the same house in Delaware?

Delaware law allows separation to begin or continue under the same roof if the spouses occupy separate bedrooms and do not have sexual relations with each other. Because separation is fact-specific, forms and sworn statements typically need consistent dates and facts.

What forms do people commonly search for in a Delaware uncontested divorce?

Common searches include the Petition for Divorce/Annulment (Form 442), Request to Proceed without a Hearing (Form 446), and (when there are children) Affidavit of Children’s Rights (Form 279). If there is a written separation agreement and you want it incorporated, Delaware uses Form 443.

10. Final Thoughts and Next Steps

A simple, uncontested divorce in Delaware is achievable for many couples, especially when Delaware’s “local language” and deadlines are handled carefully (like Form 442, Form 279 when there are children, Form 443 for incorporating an agreement, and the Form 446 timing tied to the Notice of Trial Readiness).

Next steps:

  • Confirm the residency rule and your separation timeline.
  • Download the current Delaware Family Court divorce instruction packet and forms list.
  • If there are children, confirm Form 279 and parent education program requirements early.
  • If aiming for a paperwork-only finish, note the Form 446 timing window tied to the Notice of Trial Readiness.

And remember: PlainDivorce.com is not a law firm, and this guide is legal information, not legal advice. Always verify current rules, forms, and fees before filing.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.