Delaware Marital Settlement (Divorce) Agreement Form [PDF]

The Delaware marital settlement agreement form is a legal document that can be used to define the terms and obligations of a married couple in the divorce process. A settlement agreement covers matters like child support, division of marital property, and alimony.

The main reasons for married couples to choose to draft settlement agreements are that they want to reach agreements on divorce matters by themselves.

The other reason is that the divorce process will be smoother and finalized faster if all issues have already been addressed in the settlement.

Divorce Forms

Divorce forms can be filed in a local family court, and the filing fee is $165 or more. The waiting period is up to 90 days in some cases.

Divorce Laws and Legal Requirements in Delaware

The laws and legal requirements for marital settlement agreements in Delaware are there to provide guidance and security for both spouses.

How to File For a Divorce in Delaware in 12 Steps

To file for a divorce in Delaware, spouses should follow these 12 easy steps, covering everything from filing requirements to the final decree.

#1. Fill out the Petition for Divorce

There are two types of divorce, contested and uncontested. A contested divorce occurs when spouses cannot reach an agreement on all matters, and the court will make a decision for them. On the other hand, uncontested divorce is when spouses agree upon every matter.

This type of divorce makes the process much easier. To initiate the divorce process, it is necessary to fill out a Petition for Divorce/Annulment and file it with the court.

The petitioner should provide personal information for both spouses, information about children, or a request for a name change.

#2. Other Required Forms

Other required forms that should be filed with the petition are the Information Sheet and the Vital Statistics Sheet. They both provide information on the spouse's personal information and current addresses.

The difference is that an information sheet is filed with the court and a vital statistics sheet is filed with the Division of Public Health and Vital Statistics. A Request for Notice is also needed to inform the court of how the other spouse is going to be served the notice of divorce.

Lastly, a marriage certificate or certified copy should be provided to the court.

#3. Situational Forms

Some forms will be required, depending on the situation. They are needed to provide more information on certain matters. 

Here is a list of the usual forms that may be required:

• Affidavit of Children’s Rights - for couples with minor children.

• Affidavit of Unknown Address - if the respondent’s whereabouts are unknown.

• Affidavit That a Party’s SSN is Unknown - if the respondent’s whereabouts and social security number are unknown.

• Waiver of Rights under the Servicemembers Civil Relief Act - if the respondent is serving in the military.

The petitioner should fill out just the forms related to its own circumstances and notarize them.

#4. Marital Settlement Agreement

A marital settlement agreement is needed if spouses wish to start the uncontested divorce process. It simplifies the process because all matters important for divorce, like alimony, a parenting plan, or marital property, are addressed in this document.

Spouses just need to download the marital settlement agreement template and fill it out; no legal assistance is necessary.

Additionally, this document can be incorporated into the divorce decree. To do that, the divorce settlement agreement and Stipulation to Incorporate Separation Agreement should be signed in the presence of a notary public and filed with the court.

#5. File for a Divorce

In Delaware, filing for a contested divorce involves essentially the same steps and documentation as filing for an uncontested divorce. A hearing is immediately scheduled for every contested divorce.

When the petition is filled out and all additional documents are gathered, the petitioner will have to file them with the court in the county where the petitioner or respondent lives.

There is a filing fee to be paid, and if the petitioner is unable to do so, then an exemption can be requested by providing the court with a notarized Affidavit in Support of Application to Proceed in Forma Pauperis.

#6. Serve Divorce Notice on Other Spouse

After the petition is filed, the other spouse must be informed about the requested divorce process. The court clerk will prepare summons and send them, along with copies of divorce documentation, to the sheriff’s office.

The sheriff will then serve the documents to the spouse (respondent). In cases where the respondent's address is unknown, the court will have to publish an article in local newspapers. 

Additionally, if the respondent is not a Delaware resident but the address is known, the court will send the summons by mail and publish an article in local newspapers.

#7. Replying to Divorce Petition

The respondent has 20 days from the date when divorce papers are served to file an answer. The answer should include the respondent's own version of events and requests for different legal remedies than what the petitioner asked for, like different property distribution.

However, if the respondent does not want to file a divorce complaint or fails to file an answer in 20 days, the divorce process will continue uncontested.

#8. Parent Education Program

A parent education program is mandatory for spouses with minor children. A list of court-approved parenting programs can be provided by the court clerk, or it can be found online on the Delaware Court website. 

Each spouse will get a “Certificate of Completion of Parent Education Class” upon completion of the course. The court must receive one copy and the original certificate. This program helps parents prepare themselves for challenges with children after divorce.

#9. Notice of Trial-Readiness or Notice of Hearing

Each spouse will receive a “Notice of Trial Readiness” if they did not request a court hearing. After the notice is sent, the parties will have 20 days to file a Request to Proceed Without a Hearing and an Affidavit in Support of the Request.

Both documents must be notarized before filing. “Notice of Trial Readiness” practically states that everything is completed and ready for the process to move forward.

However, if the court hearing is requested, the parties will receive a “Notice of Hearing” that specifies the date and time when they should appear in court.

#10. Divorce Judgment

After evaluating the case, a court commissioner will choose whether to grant or deny the petition for divorce. Both parties are required to appear in person at the hearing and present their cases to the commissioner if they have requested a court hearing.

If not, the couple will receive a verdict via mail. Each party will get a “Decree of Divorce” and a “Commissioner’s Order” if the petition is accepted.

#11. Ancillary Financial Disclosure Report

The “Ancillary Financial Disclosure Report” is a document that provides comprehensive financial information relevant to the divorce. This report should be filled out only if one or both spouses ask the court to handle matters concerning alimony and marital property.

Both spouses must fill out their portion of the Ancillary Financial Disclosure Report, notarize it, and send it to the court. First, the petitioner will fill out a report, make a copy, and send the original to the respondent, who will do the same but send the original to court instead.

They have 30 days each to fill out and send the report with a notarized Affidavit of Mailing. After receiving the documents, the court will ask spouses to file a Form of Order - Ancillary Financial Disclosure Report and schedule a hearing.

#12. Changing Name

Once the divorce decree is obtained, it can be used to update personal documents like a passport, driver’s license, or identification card. In the same way, a spouse can change their name in public records like utility bills, contracts, or bank accounts. 

Lastly, family and friends should be informed of name and marital status changes, as should employers.