Uncontested Divorce in Delaware
There are generally two types of divorce approved in the state: contested and uncontested.
- If one of the partners challenges the information the other spouse puts in the petition, like the grounds for the divorce, child support, and so on, the couple will have to go through a contested divorce. In this case, a judge will hold a trial, examine the evidence, and call witnesses. Due to a variety of issues that should be resolved in open court, a contested divorce case typically takes lots of time and money.
- If spouses manage to reach a mutual agreement on divorce-related issues, such as child custody, spousal support, and property division, they can end their marriage through an uncontested divorce. By signing a marital settlement agreement, partners can save time and money through streamlined court procedures.
Get Your Divorce Forms Completed Online
With an uncontested divorce process, spouses can often use a DIY solution like an online divorce service. DivorceOnline is a top-notch online tool that can be used to get assistance in generating divorce paperwork for as little as $139.
All you have to do is complete a simple questionnaire and follow further instructions. Our system will guide you through each step of selecting and filling out up-to-date divorce papers. In just two business days, you will be able to download a full set of divorce forms along with written instructions on how to file.
Currently, to initiate divorce in Delaware, ex-to-be-soon spouses may be required to submit the following divorce documents:
- Petition for Divorce/Annulment (Form 442)
- Information Sheet (Form 240)
- Vital Statistics Sheet (Form 441) or Vital Statistics Same-Sex Marriage (Form 441SS)
- Original or certified copy of your marriage/civil union certificate
- Request for Notice (Form 400)
Situational divorce papers include but are not limited to:
- Affidavit of Children's Rights (Form 279)
- Separation Agreement (N/A)
- Stipulation to Incorporate Separation Agreement (Form 443)
- Affidavit of Unknown Address (Form 241)
- Affidavit of Non-Military Service (Form 405)
- Waiver of Rights under the Servicemembers' Civil Relief Act (Form 420)
Getting a Divorce With Children
In Delaware, people applying for a divorce with minor children should resolve child-related issues, such as child custody and child support. If they fail to agree on these terms, a judge will decide legal custody and residential placement at trial.
In general, both parents have equal rights over their children and can be considered joint natural custodians. At the same time, Delaware accepts both physical and legal custody and joint and sole custody.
Physical custody can be defined as a parent's right to reside with the child over 50 percent of the time. When it comes to legal custody, it gives a parent the right to make long-term decisions about the main areas of a child's life, including education, medical treatment, and social life.
When determining child custody, the court always acts in the best interests of the child, considering the following factors:
- the child's age
- the child's personal preferences
- the child's relationships with other family members
- the child's adjustment to home, school, and community
- each parent's physical and mental health
- each parent's income and financial stability
- the history of abuse and physical violence in the family
In cases where a child's well-being or safety is at issue, the Family Court can award sole custody to one parent. However, despite the type of custody awarded, each parent has the opportunity to contact their child by mail and phone. Besides, each parent is allowed to receive all requested information about the child's progress in school, medical treatment, school activities, and religious events.
Delaware follows the "Melson Formula" financial model when calculating child support. Under this principle, courts estimate the amount of money parents typically spend on their children and then divide this amount between the parents based on their incomes.
The primary principles of this formula are as follows:
- Both parents have the opportunity to keep sufficient income to meet their basic needs.
- Parents are not allowed to retain any more income than that required to provide the bare necessities for their own self-support.
- When income is sufficient to cover the parents' basic needs and those of the dependent, the child has the opportunity to share in any additional income.
Filing for Divorce in Delaware Without a Lawyer
Couples going through an uncontested divorce process can terminate their marriage with little or no help from an attorney. For example, to save money and time on attorney's services, spouses can use Delaware divorce online services.
At the same time, people that fail to sign a marital settlement agreement can use the divorce mediation option. Well-qualified mediators help couples reach an amicable resolution concerning their disputes. The main benefit of this option is that mediation allows spouses to maintain power and control in their divorce process instead of asking a judge to decide.
Do-It-Yourself Divorce in Delaware
A DIY divorce is a completely legit way to end the marriage in the state. For instance, one of the most popular forms of DIY divorce is an online divorce in Delaware. This procedure refers to the preparation of uncontested divorce forms over the Internet without legal advice.
The main benefits of this option are:
- There is no need to attend multiple necessary meetings with attorneys and take any time off of work.
- There is no need to wait 1-2 weeks for completed divorce papers from attorneys. Everything can be completed within several business days.
- There is no need to spend thousands of dollars on attorney's fees, as Internet divorce platforms can assist in preparing Delaware divorce papers online for as little as $139-400.
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Frequently Asked Questions:
Once divorce papers are filed with a local court, it usually takes 30-90 days to finalize the divorce. The thing is, the start to finish time of the marriage dissolution depends on various factors, such as spouses' ability to communicate efficiently and the court's caseload. In contrast, contested divorce cases can last over a year.
In addition to a filing fee (around $150), residents of Delaware most often spend money on attorney's services or services provided by online companies. Using an attorney's legal help, divorcing couples spend an additional $300-400 per hour. In terms of online divorce services, the preparation of Delaware divorce papers costs around $139.
To get a free divorce, spouses should go through a DIY divorce and prove that paying filing fees is a considerable financial hardship for them. It can be done by filling out an "Affidavit in Support of Application to Proceed in Forma Pauperis." The judge will review this document and waive the mandatory court payment if appropriate evidence is provided.
Required divorce documents differ from case to case, although the basic list of papers necessary for all couples includes:
- Petition for Divorce/Annulment (Form 442)
- Information Sheet (Form 240)
- Vital Statistics Sheet (Form 441) or Vital Statistics Same-Sex Marriage (Form 441SS)
- Original or certified copy of your marriage/civil union certificate
- Request for Notice (Form 400)