The Delaware State Courts will be closed on Tuesday, November 5th for Election Day. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM – 12PM (no new cases after 11:00PM).

Sussex County Courts including Justice of the Peace Court 2, 4, and 17 will be closing at noon on Thursday, November 7th for Return Day. JP Court 14 will be closed the entire day due to proximity to Return Day events.

  1. Delaware Courts
  2. Family Court

Divorce Forms


Below is a listing of and links to blank forms that are necessary in filing for Divorce. They are separated into two categories:

Required Forms or Situational Forms
The forms listed under "Required Forms" MUST be submitted in order for your filing to be accepted by the Court.   The forms listed under "Situational Forms" should only be filed if your circumstances match those described.
All forms are provided in Microsoft Word (.doc) format. If you do not own Microsoft Word or the Microsoft Office Suite, you may want to consider downloading Open Office, free of charge, from the www.openoffice.org.

If you are not able to determine which forms you need to file , please review the Divorce Instruction Packet, visit the Family Court Resource Center in your County, or consider contacting an attorney. All Pro Se litigants are encouraged to review the Divorce Instruction Packet while preparing their filing.

Required Forms

Situational Forms

(Please review all forms and scenarios)
  • Affidavit of Children's Rights (Form 279)
    File this form if both the Petitioner and Respondent have a child or children who are under the age of 18
  • Separation Agreement (N/A)
    • File a separation agreement only if you and your spouse have agreed on the terms of your divorce and you want the Court to be able to have the power to make you and your spouse follow your agreement by enforcing it
    • A separation agreement is NOT a Court form. For more information on what to include in a Separation Agreement, please review the Divorce and Annulment Instruction Packet
  • Stipulation to Incorporate Separation Agreement (Form 443)
    File this form if you have a separation agreement and you want the Court to be able to enforce the separation agreement
  • Affidavit of Unknown Address (Form 241)
    This form should be filed if you do not know where the Respondent(s) live
  • Affidavit of Non-Military Service (Form 405)
    This form should be filed if you know that the Respondent is NOT in the military service of the United States of America and ONLY if the Respondent has not filed an answer or otherwise entered an appearance with the Court by the day of your hearing
  • Waiver of Rights under the Servicemembers' Civil Relief Act (Form 420)
    • File this form only if the Respondent is in the military
    • If the Respondent does not file an Answer or Affidavit of Appearance, you must have the Respondent(s) sign the form
    • If you are unable to reach the Respondent to obtain any of these documents, you must file a Motion to Appoint an Attorney (see Motion Packet)
  • Affidavit That a Partys SSN is Unknown (Form 421)
    File this form if you do not know the Respondent's social security number
  • Request to Proceed without a Hearing (Form 446)
    • File this form within 20 days of the date on the Notice of Trial readiness that you received from the Court only if you wish for the Court to proceed on your filing without conducting a hearing
    • Attach your Notice of Trial REadiness to this request
  • Affidavit in Support of Request to Proceed without Hearing (Form 447)
    If you are filing a Request to Proceed Without a Hearing, you MUST also attach a completed Affidavit in Support of the Request to Proceed Without a Hearing
  • Ancillary Financial Disclosure Report (Form 465)
    • Complete this if you've requested any ancillary matters as part of your petition
    • This form must be initiated by the individual who requested the ancillary matters, not necessarily the person who filed for the original petition
    • If both the Petitioner and Respondent requested ancillary matters, the person who filed the original petition will be responsible for initiating this form
  • Affidavit of Mailing (Form 850)
    This form should be completed by the Petitioner in the Ancillary matters once the Ancillary Financial Disclosure Report is mailed to the Respondent
  • Form of Order - Ancillary Financial Disclosure Report (Form 449)
    Do not file this form until you are directed by the Court to do so
  • Ancillary Pretrial Stipulation (Form 466)
    Use this form to stipulate (agree) to facts prior to a hearing in an ancillary case