Delaware Divorce Forms and Papers
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In Delaware, the process of filing for divorce without a lawyer is exceptionally simple and straightforward. The first step, if you don’t have your actual Marriage Certificate, is to obtain an official copy it from the Division of Public Health and Vital Statistics.
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Now you may start the process, you can download a packet of forms that will be relevant for all marriages whether with or without children. Regardless of the circumstances, there are six that need to be completed, with the signatures witnessed by a notary. These six are: the Divorce Petition, the Information Statement, the Affidavit of Children’s Rights, the Request for Notice, the Separation Agreement, and the Stipulation to Incorporate Separation Agreement. When filling out the Request for Notice, you must take care to put a check in the box marked “Please Withhold Issuance of Summons” that is found in Section B.
You, as the spouse who is initiating this cooperative divorce, must then file those six forms at your County Court’s Clerk’s Office. You will also need to file a completed copy of one more form, the Division of Public Health and Vital Statistics, at the same time you file the other six. A final form, the “Waiver of Rights Under the Soldiers and Sailors Relief Act” will also be necessary if your spouse is in the service. The total fee for the complete filing is $150.
If you and your spouse have minor children, you both will need to attend Certified Parental Education Classes (See Approved Classes). If any of the children are aged between 8 and 16, they will need to attend, too.
At this point, the cooperation of the non-filing spouse is again called for. He or she will obtain the Affidavit of Appearance and Waiver of Rights from the Clerk’s office, fill it out, and return it to the Clerk. The non-filing spouse will also need to obtain a copy of the Divorce Petition that you filled out; it can be obtained here at the same time.
After these steps have been successfully taken, you will receive a Notice Of Hearing. On the day of the hearing, you must bring copies of all the documents. If your spouse, previously in the Military, has left the service since the time of the initial filing, he or she will have to bring what is know as the Affidavit of Non-Military Service. When you attend the hearing on the date the notice specifies, if there are no other issues, the Judge will authorize your Divorce Decree. At this point, you are divorced in Delaware.
Individual Forms
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