How to prepare divorce forms (click here)

Delaware No-Fault Divorce (No Children)
Uncontested Divorce

About this Form:  This is a no-fault divorce form for the State of Delaware (PETITION OF DIVORCE). The majority of courts will require that this form be completed along with a Marital Settlement Agreement. Please note that in Paragraph 5 (Grounds for Divorce), the Petitioner will need to specify actual grounds for divorce that are recognized as valid in the State of Delaware. Delaware law adheres only the following grounds as adequate for granting a no-fault divorce: (1) irretrievable breakdown of the marriage, and reconciliation is improbable. (Note: a marriage that is "irretrievably broken" is one that meets one or more of the following criteria: (a) voluntary separation; (b) separation caused by the other spouse's misconduct or mental illness; or (c) separation caused by incompatibility); and (2) living apart for 6 months due to incompatibility.

PETITION OF DIVORCE

IN THE FAMILY COURT FOR THE STATE OF DELAWARE, IN AND FOR ____________ COUNTY

In re: the Marriage of

____________________
Petitioner

and

____________________
Respondent

 )
)
)
)
)
)
)
)
)


______________
Docket No.

The Petitioner, __________, respectfully declares the following:
 
1. Petitioner's  Residence:  Petitioner resides at __________ [insert Petitioner's address] and has been a resident of the State of Delaware for ____ [insert period of residence in months and years].

2. Respondent's  Residence:  Respondent resides at __________ [insert Respondent's address] and has been a resident of the State of Delaware for ____ [insert period of residence in months and years].

3. Marriage:  On ____________, ____, in _____ (city), __________ (county), __________ (state), the Petitioner and Respondent married. An official copy of the marriage license is attached to this PETITION OF DIVORCE.

4. Jurisdiction:  This Court is that of proper jurisdiction to hear this cause. The Respondent has agreed to file an Affidavit of Consent in this cause.  Neither the Petitioner or Respondent has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.

5. Grounds for No-Fault:  Petitioner wishes a dissolution of marriage with Respondent based on the following grounds:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of Delaware. Sufficient basis for a no-fault divorce within Delaware is limited to the following: (1) irretrievable breakdown of the marriage, and reconciliation is improbable. (Note: a marriage that is "irretrievably broken" is one that meets one or more of the following criteria: (a) voluntary separation; (b) separation caused by the other spouse's misconduct or mental illness; or (c) separation caused by incompatibility); and (2) living apart for 6 months due to incompatibility.

6. Marital Settlement Agreement:  Petitioner and Respondent _________ have (copy attached) _____ have not entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation.

7. Other Declarations:
_______________________________________________
_______________________________________________
_______________________________________________

NOW, THEREFORE, Petitioner requests that the court order a DECREE OF DIVORCE and such further relief as Petitioner may have requested herein.
 

Verification

I, ___________[name of Petitioner], affirm under penalty of perjury that I am the Petitioner in the foregoing PETITION OF DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it.
 

_________________ _________________
Petitioner's Signature Date


___________________________
Petitioner's Address, Line 1

___________________________
Petitioner's Address, Line 2


Subscribed and sworn to before me on this ____ day of __________, 20__.
 
 
_______________________
Notary

 

AFFIDAVIT OF CONSENT

IN THE FAMILY COURT FOR THE STATE OF DELAWARE, IN AND FOR ____________ COUNTY

In re: the Marriage of

________________________
Petitioner

and

_______________________
Respondent

 )
)
)
)
)
)
)
)
)


___________________
Docket No.

1. A PETITION OF DIVORCE was filed between Petitioner and Respondent on the _________ day of _________, 20____.

2. The marriage between Petitioner and Respondent is irretrievably broken and efforts at reconciliation have failed.

3. I, ____________, have received a copy of the PETITION OF DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the PETITION OF DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Petitioner and Respondent. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the PETITION OF DIVORCE.

4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.

5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it.

 

___________________________ _________________
Signature Date


_______________________________
Address, Line 1

_______________________________
Address, Line 2


STATE OF DELAWARE
COUNTY OF _________

Subscribed and sworn to before me on this ____ day of ___________, 20__
 
 
_______________________
Notary