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If you use an online service, you typically fill in a questionnaire which will then generates all the relevant documents. Nevertheless, it is best to understand the steps so you know what your roadmap is.
Everything starts with creating a “petition”. It is the most essential Delaware dissolution form, which provides the reason for the breakup and includes the following details about you and your spouse:
Names and addresses
Dates of birth and occupations
Information about your children
A serious ground for a separation
Identifying your case as uncontested or contested.
You also need to prove that your spouse has been informed about the complaint. Sometimes, you may not know your spouse’s exact location. In that case, you can send a query to the court and announce your divorce request in the newspaper; otherwise, further Delaware divorce filings will not be possible. If the defendant is not currently living in the state, you must send a query to the court to inform him or her with a special e-mail.
Check eligibility for initiating a divorce process.
Fill out our simple questionnaire to personalize your divorce forms in Delaware.
Download a complete package of documents along with a list of instructions on how to file them properly. Print them out and submit for the court’s consideration.
As you know, rules and regulations differ across the United State, and this is the reason why proceeding with divorce in DE may differ from the process in other states.
The world is changing fast, and there are more and more digital opportunities, including legal assistance online. To apply for marriage termination online in any Delaware county, divorce forms should be correctly filled out based on your answers. Then you can find out whether you are able to submit the forms electronically in your county. It is not possible everywhere, so visit your county court to find out if you can apply for divorce online.
Anyone going through a divorce wants to get through it quickly as possible with the least amount of stress. So, it is a great option to start the procedure online. If you want to get Delaware dissolution forms quickly and for the affordable price of $139, read the instructions on our website and allow us to help you, and the appropriate set of documents will be in your hands.
Let’s discuss the characteristics of contested and uncontested cases and why the latter is a better option.
An uncontested state of Delaware divorce means that the couple has resolved any issues regarding:
1. Division of property
2. Alimony and child custody
3. Expenses for a child’s education and healthcare services
4. Spousal support.
Contested cases are more complicated and definitely require a trial and the services of an attorney. They are exhausting, expensive and time-consuming. Additionally, with Delaware divorce, a contested divorce is not possible online or without a hearing. Thus, it is better to pursue an uncontested divorce.
So, your petition has been filed and “rests” on the table of a judge. Now the couple must wait. If your spouse doesn’t provide a response within 20 days or has answered and agrees to separate, this means your Delaware divorce is considered uncontested.
Depending on the exact process, there are two ways to achieve this type of divorce in DE:
Without a hearing (when the judge gives you a dissolution based on your documents)
By attending a hearing (when you are invited to come to trial and divorce is granted afterwards).
As we have already discussed, filing for divorce is possible online. However, Delaware has some rules which must be considered.
One spouse must be a resident of Delaware for at least 180 days. Another option is to be stationed in the military for the same amount of time. You may prove your residency with a valid driver’s license, ID card or voter’s registration card. If you do not have that documentation, find a witness. This can be your neighbor, a friend or an acquaintance who will confirm that you have lived in Delaware for the indicated period.
A basis for the dissolution in Delaware
You need to have an irrefutable motive for marriage dissolution in Delaware, which shows that you can’t stay married anymore. There are both no-fault and fault divorces in Delaware, and it is of a great importance to choose the correct reason for divorce as it will influence further proceedings.
This kind of separation means that you don’t need to blame your spouse for the divorce, and the reason for the breakup is “irreparable breakdown in marriage”. Another reason could be “the differences” between your personalities.
If your case is no-fault, you have to be living separately for no less than 6 months to get a divorce. You may live in one house, but sleep in separate bedrooms and have no sexual relations. Even if you file for a divorce in Delaware earlier than this, the trial will not take place until the six months of living apart finishes, and when this period is complete you will receive the certificate.
Generally, people prefer a “no-fault” process, however a fault-based divorce is provided in Delaware in the event of:
a) Any type of abuse (emotional, physical, etc.)
b) Your husband or wife shows “marital misconduct”. This means a kind of “very bad behavior”, such as drinking or using drugs, being a prisoner, etc.
d) Your spouse is mentally insane or is incompatible.
If your divorce process is fault-based, you don’t need to wait the required half a year as in the no-fault case.
If the requirements of residence and separation reason are met, you can focus on the actual preparation of Delaware divorce papers online. You may do this all by yourself or ask your spouse for assistance. After filling them out and signing, you must submit them to the court.
Remember: In Delaware, divorce forms online are filed in the local county where you currently live. However, traditionally the request is sent to the defendant’s county, even if you live somewhere else. It is not obligatory but is generally advised by lawyers.
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In this section we review three different options you can choose from when filing for divorce in Delaware.
01 The Traditional Way
It may take a lot of time as you will need to take all these things into account:
This option is a fully guided and effortless one. You will also enjoy the following benefits:
03 Other Divorce Providers
We are not sure that you’ll get what you pay for. Many of our customers decided to order with us after other divorce providers failed to provide all the documents filled out correctly. You may face the following issues:
Note that the following list of forms is required when applying:
1. Original or certified copy of your marriage license
2. The Petition for Divorce - Form 442 (the leading paper which contains basic details about you both and your wish to get marriage termination)
3. Information Sheet – Form 240 (one of the State of Delaware divorce forms that contains data about you, your spouse, your children, your age, social security and driving license numbers, etc.)
4. Vital Statistics Sheet or Vital Statistics Same Sex Marriage – form 441 or 441SS (contains identical details as the previous forms, but is sent directly to the Division of Public Health and Vital Statistics)
5. Request for Notice – Form 400 (the document showing whether the defendant was informed about the complaint of proceedings).
The above divorce papers for Delaware are required, while others depend on your specific situation. You may explore the full list of required documents to learn more.
Whether you deliver the documents in person or online, you are usually required to pay a fee of around $150.
Once the forms are submitted, you have to wait. You will get the notice, which informs you that your petition is trial-ready and you will be almost done with your DE divorce.
Usually in Delaware, your wish to be separated is enough, so many cases are concluded without a hearing. However, if you must attend the trial, it is a rather fast and simple procedure lasting no longer than 15 minutes.
Sometimes, during the 6-month wait you discover new issues and change something in your Delaware dissolution filing order. In that case, you must contact the office where you were granted a divorce and ask a consultant for a revision.
A divorce is the legal end to a marriage. Using the above instructions, you can make the process cheaper, quicker, and less difficult. Digital technologies are becoming more helpful in dealing with legal formalities, such as preparing a Delaware divorce packet or solving many other challenges.Check eligibility
The divorce packet in Delaware includes a large number of different forms that are rather hard to collect. Failure to find a particular form might cause lots of problems and will make the overall divorce process much more complicated.
Preparing a Delaware divorce kit is considered to be the most time-consuming part of your legal breakup.
Getting a divorce with the lawyer's help is very expensive. You will receive all documents needed, but hiring an attorney will cost you several thousands of dollars.
Tired of all this stuff? Can’t cope with loads of forms, documents, papers, and certificates? With our online service, you will get everything done – now you can get a quicker and cheaper divorce with no stress!Check eligibility