Home Delaware Uncontested Divorce Kit
2026 edition • Built on Delaware Family Court's statewide formsDelaware Uncontested Divorce Kit
The right Family Court forms and a roadmap through the 6-month separation requirement — with a clear path to request a papers-only decision.
- Petition (Form 442) & required Family Court cover forms
- Request to Proceed Without a Hearing (Form 446/447), when your case qualifies
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
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“The step-by-step guide made a confusing court process feel manageable, and it was clear upfront about what would and wouldn’t need a hearing.”
Andrew B. · Middletown, Delaware
Is this kit right for you?
Not every divorce in Delaware can be done DIY. Check below to see if you qualify for an uncontested divorce.
Use this kit if…
- You and your spouse agree the marriage is irretrievably broken — or your spouse simply won’t contest it.
- Either you or your spouse has lived in Delaware for at least 6 months before filing (or been stationed here in the military for 6 months).
- You’ll have been separated for 6 months by the time the Court decides your case — or you have a misconduct ground you can prove.
- You don’t need the Court to divide property or debts or award alimony — or you’re willing to settle those in a private Separation Agreement instead.
Talk to a lawyer first if…
- There is a Protection From Abuse (PFA) order in place, or any safety concerns.
- You want the Court itself to divide property/debts or award alimony and can’t agree privately — that requires financial disclosures and can mean a hearing that can’t be waived.
- You haven’t separated, don’t plan to, and have no misconduct ground to prove.
- There is a dispute over child custody that requires a separate hearing.
- There are immigration, bankruptcy, or major tax concerns tied to the divorce.
If neither you nor your spouse has ever lived in Delaware, a narrow civil-union exception may still let you file here — see the sources below.
Which path fits you?
Once your petition is filed, Delaware gives you a few forks in the road — whether you end up on the papers-only track or in front of a Commissioner, and whether property and alimony ever reach a judge at all.
If you agree the marriage is over, you don’t need a battle. You need the paperwork. But navigating Family Court’s rules, the 6-month separation requirement, and knowing when you actually qualify to file a Request to Proceed Without a Hearing (Form 446) can be confusing on your own.
Papers-only decision
Form 446 + Form 447
Available only after the Court sends a Notice of Trial-Readiness (once you’re separated 6 months or have proven misconduct, your spouse is served, and parent-education is filed if applicable). File within 20 days of that notice.
A Commissioner decides on the papers — but can still deny the petition or set a hearing.
Court hearing
Form 405 (if applicable)
The default if you choose a hearing upfront, miss the 20-day no-hearing window, or your case is contested. Bring Form 405 (Affidavit of Non-Military Service) if your spouse isn’t in the military.
You attend; your spouse may, but isn’t required to.
Keeping property & alimony out of court
Separation Agreement + Form 443
Sign a private Separation Agreement covering property, debts, and support, then file it with the Stipulation to Incorporate (Form 443) so the Court can enforce it — without asking a Judge to decide it for you.
Ask the Court to decide instead, and you’ll both complete a full Ancillary Financial Disclosure Report, with a Judge hearing that generally can’t be waived unless you settle.
We give you current Delaware statewide forms for the standard Petition route, plus instructions for confirming the full packet against the Family Court’s own Instruction Packet — not a guarantee your case avoids a hearing.
Why choose a DIY kit?
Delaware’s Family Court has specific rules about separation, service, and “ancillary matters.” Generic forms often miss the situational documents your case actually needs — like the Stipulation to Incorporate (Form 443) if you have a separation agreement, or the correct military-status form for your situation.
Save thousands
You do the filing yourself and keep the difference between a lawyer’s fee and a one-time kit price. The Family Court’s filing fee is separate — see the breakdown alongside.
Keep property & alimony out of court
We include the Separation Agreement + Stipulation to Incorporate (Form 443) path, so you can settle property, debts, and support privately instead of asking a Judge to decide.
The cost of divorce in Delaware
The Family Court’s divorce filing fee is $165 plus a $10 court security assessment (about $175 total). Publication costs ($75 in New Castle County, $25 in Kent & Sussex, or free online) and a $90 ancillary-matters fee can apply depending on your case.
What’s in the kit: Delaware Family Court forms
Current statewide forms for the standard Petition route, plus the situational forms your specific case may need.
Step-by-step roadmap
- Completing the Petition (Form 442), Information Sheet and Vital Statistics form
- Requesting notice with Form 400
- Obtaining your certified marriage certificate
- Proving your 6-month separation
Core legal documents
Required cover forms, plus the situational forms your case may call for:
*Included and filled in only when it applies to your situation — for example, if you have common children under 18, a separation agreement, or your spouse is (or isn’t) in the military.
Request to Proceed Without a Hearing
Once your case is trial-ready, we include the Request to Proceed Without a Hearing (Form 446) and its supporting Affidavit (Form 447), with instructions for the 20-day window to file them, so you can ask the Court to decide your case on the papers alone.
What this kit does not include
- A guarantee your case is decided without a hearing — Form 446/447 is a request, only available after a Notice of Trial-Readiness
- A guarantee the Court grants your divorce or accepts your paperwork as filed
- The Ancillary Financial Disclosure Report packet (Forms 465, 850, 449, 466) needed if you ask the Court — rather than a private Separation Agreement — to divide property, debts, or award alimony; that hearing before a Judge generally can’t be waived unless you settle
- Your certified copy of your marriage or civil union certificate — you obtain this yourself from vital records where you married
- Service of process on your spouse, or their cooperation with it
- The Family Court’s own filing fee (about $165 + $10 court security), publication costs, or the $90-per-matter ancillary fee
- Custody, visitation, or child-support forms and procedures — these are separate from the divorce packet
- Legal advice about your specific situation, or review of your completed documents
PlainDivorce is a private publisher. Delaware Family Court publishes the official statewide forms, but has not reviewed, approved, or endorsed this product. Always confirm current form versions against the Court’s own Instruction Packet and forms index before filing.
File in the Family Court for the county — New Castle, Kent, or Sussex — where you or your spouse currently lives.
How it works
A roadmap through Delaware’s Family Court process — not a promise of a hearing-free finish.
File your petition
Download the kit. Fill out the Petition for Divorce (Form 442), Information Sheet (Form 240), Vital Statistics form, and Request for Notice (Form 400) — choosing personal service, publication, or certified mail based on your spouse’s address. File them, with your certified marriage certificate, at the Family Court in your county.
Serve & complete requirements
Notify your spouse using the method requested on Form 400 — personal service if their Delaware address is known, or publication/certified mail (at your expense) otherwise. If you have common children under 18, complete Parent Education and file your certificate within 180 days of filing or the case can be dismissed.
Trial-ready & request a ruling
Once you’ve been separated 6 months (or proven misconduct), your spouse is served, and parent-education is filed if applicable, the Court sends a Notice of Trial-Readiness. File Form 446 + 447 within 20 days to ask for a papers-only decision — or attend the hearing you’re scheduled for.
There is no guaranteed timeframe. Service method, parent-education scheduling, the Court’s calendar, and whether ancillary matters were requested all affect how long a case takes after the 6-month separation requirement is met.
Simple pricing vs. lawyer fees
| Feature | PlainDivorce Kit | Typical Lawyer |
|---|---|---|
| Preparation cost | $129 | $2,000+ |
| Court filing fee | Paid to Family Court directly — $165 + $10 court security (about $175) | Same, usually billed on top |
| Process control | Your prep is DIY; the 6-month separation rule and Court’s calendar set the pace | Lawyer schedule |
| Includes forms? | Yes — 442, 240, 441, 400, 446/447, and the situational forms your case needs | Yes |
Secure One-Time Payment · No Subscriptions · Court filing fees are separate and paid directly to Family Court.
What our customers say
Experiences from people who prepared their Delaware divorce paperwork with PlainDivorce.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“The step-by-step guide made a confusing court process feel manageable, and it was clear upfront about what would and wouldn’t need a hearing.”
Andrew B.
Middletown
“Signing a Separation Agreement and filing the Stipulation to Incorporate meant we never had to put our property division in front of a judge.”
Sophie D.
Dover
“The instructions were spot-on about which forms actually applied to us — no guessing about the Petition, Vital Statistics, or Request for Notice paperwork.”
Sarah Z.
Wilmington
Delaware uncontested divorce: frequently asked questions
What is an uncontested divorce in Delaware?
A petition is uncontested when your spouse doesn’t file an Answer within 20 days of being served, or files an Answer agreeing with the divorce. That doesn’t automatically resolve property, debts, or alimony — if either of you wants the Court to decide those, a Judge hearing on them generally can’t be waived unless you settle first. Most couples avoid that by signing a private Separation Agreement and filing it with a Stipulation to Incorporate (Form 443) instead.
Who can file for divorce in Delaware?
Either you or your spouse must have lived in Delaware for at least 6 months immediately before filing, or been stationed here in the military for 6 months. There’s a narrow exception for certain Delaware civil unions where neither of you currently lives in the state.
What is the 6-month separation rule?
Delaware requires you to be “separated” for 6 months before the divorce decree can be granted, and confirms at the decree stage that you haven’t shared a bedroom or had sexual relations within the last 30 days. You can file before the 6 months are up, but the Court won’t decide the case until the time has passed. Separation can occur in the same house if strict rules are followed. The wait doesn’t apply if you’re filing on a misconduct ground (such as abuse, adultery, or desertion), though those cases require proving your claim to the Court.
Can I skip the court hearing?
You can request one. Once your case is trial-ready and the Court sends a Notice of Trial-Readiness, you have 20 days to file a Request to Proceed Without a Hearing (Form 446) and its Affidavit (Form 447). A Commissioner can still deny the request or schedule a hearing. Separately, a Judge hearing on any ancillary property, debt, or alimony request generally can’t be skipped unless you’ve settled those issues first.
How do I notify my spouse of the divorce?
On Form 400, you request personal service if your spouse’s Delaware address is known. If you don’t know their address, notice is by newspaper publication (at your expense) plus an Affidavit that a Party’s Address is Unknown (Form 241). If your spouse lives outside Delaware, notice is by certified mail and, at your expense, publication. Your spouse then has 20 days from service or publication to respond.
Are parent education classes required?
Yes, if you and your spouse have children together up to age 17. Both parents must complete a certified Parent Education Program and file the certificate of completion — the fee is capped at $100 per parent. If a certificate isn’t received within 180 days of the Petition being filed, the Petition is dismissed. The requirement can be waived by motion for good reason.
Important legal disclaimer
PlainDivorce is not a law firm and does not provide legal advice, legal opinions, or representation. The Delaware Uncontested Divorce Kit is a private self-help information product containing publicly available Delaware Family Court forms with general instructions. It is not a substitute for advice from a licensed Delaware lawyer, and no court has reviewed, approved, or endorsed it or its templates.
We do not guarantee that a Commissioner or Judge will grant your divorce, that your case will be decided without a hearing, or that your county’s Family Court will match this kit’s general description. Delaware’s 6-month separation requirement is a minimum before a decree can be granted, not a promised completion date. Court rules, local practice, and filing fees vary and change over time; there is no single total cost. You are responsible for verifying current forms, fees, and your county’s specific requirements with your Family Court Clerk before filing.
Content last reviewed: September 2026.