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Free Divorce Papers
For Delaware

Delaware requires 6 months of residency plus a 6-month separation — and child support uses the unique Melson Formula.

Reviewed by our editorial team Based on official state court forms

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Templates reviewed for the 2026 filing year · Based on official state forms

Document Templates

Delaware divorce template samples

Expand a template below to see exactly what's included before you fill it in.

Uncontested Divorce Sample See the full text of the agreement both spouses sign together.

Petition for Divorce — Uncontested

IN THE FAMILY COURT OF THE STATE OF DELAWARE, IN AND FOR [1. County] COUNTY

Case No: [2. Case Number]

[3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent.

Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Divorce against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has been a bona fide resident of the State of Delaware for at least six (6) months immediately preceding the filing of this Petition, in accordance with 13 Del. C. § 1504. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage]. There are no minor children born of or adopted during this marriage.

Grounds for Divorce

The parties have lived separate and apart from each other without interruption or cohabitation for a continuous period of at least six (6) months, in accordance with 13 Del. C. § 1505. The marriage has broken down irretrievably, and a divorce should be granted.

Property and Debt Division

The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [7. Property and Debt Division Terms]

Alimony

The parties have agreed that alimony shall be as follows: [8. Alimony Terms]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court:

(a) grant a Decree of Divorce dissolving the marriage of the parties;
(b) approve the parties' agreement regarding property, debts, and alimony;
(c) restore Petitioner's former name of [9. Former Name], if requested; and
(d) grant such other and further relief as the Court deems just and proper.

Dated: [10. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Executed this [11. Execution Date] day of [12. Execution Month, Year], at [13. City and State of Execution].

Contested Divorce Sample See how disputed terms are laid out before you fill anything in.

Petition for Divorce — Contested

IN THE FAMILY COURT OF THE STATE OF DELAWARE, IN AND FOR [1. County] COUNTY

Case No: [2. Case Number]

[3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent.

Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Divorce against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has been a bona fide resident of the State of Delaware for at least six (6) months immediately preceding the filing of this Petition, in accordance with 13 Del. C. § 1504. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage]. There are no minor children born of or adopted during this marriage.

Grounds for Divorce

The parties have lived separate and apart from each other without interruption or cohabitation for a continuous period of at least six (6) months, in accordance with 13 Del. C. § 1505. The marriage has broken down irretrievably, and a divorce should be granted.

Property and Debt Division

The parties are unable to agree on the division of their marital property, assets, and debts. Petitioner requests that this Court equitably divide the parties' marital property and debts. The relevant marital assets and liabilities include: [7. Property and Debt Description]

Alimony

The parties are unable to agree on alimony. Petitioner requests that the Court award alimony in an amount and for a duration that is equitable, considering the factors set forth in 13 Del. C. § 1512. Relevant facts include: [8. Alimony Facts]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court:

(a) grant a Decree of Divorce dissolving the marriage of the parties;
(b) equitably divide the parties' marital property and debts;
(c) award alimony as the Court deems equitable;
(d) restore Petitioner's former name of [9. Former Name], if requested; and
(e) grant such other and further relief as the Court deems just and proper.

Dated: [10. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Executed this [11. Execution Date] day of [12. Execution Month, Year], at [13. City and State of Execution].

Uncontested Divorce with Children Sample See the agreement plus the parenting plan section in full.

Petition for Divorce — Uncontested with Children

IN THE FAMILY COURT OF THE STATE OF DELAWARE, IN AND FOR [1. County] COUNTY

Case No: [2. Case Number]

[3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent.

Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Divorce against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has been a bona fide resident of the State of Delaware for at least six (6) months immediately preceding the filing of this Petition, in accordance with 13 Del. C. § 1504. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage].

There are [7. Number of Children] minor child(ren) born of or adopted during this marriage: [8. Children Names and Birthdates].

Grounds for Divorce

The parties have lived separate and apart from each other without interruption or cohabitation for a continuous period of at least six (6) months, in accordance with 13 Del. C. § 1505. The marriage has broken down irretrievably, and a divorce should be granted.

Custody and Parenting Plan

The parties have reached a full agreement regarding legal and physical custody of the minor child(ren), in accordance with the best interests of the child(ren) under 13 Del. C. § 722. The agreed parenting plan is as follows: [9. Parenting Plan Terms]

Child Support

The parties have reached an agreement on child support consistent with the Delaware Child Support Guidelines (Melson Formula), as set forth in 13 Del. C. § 514. The agreed monthly child support amount is [10. Child Support Amount], payable by [11. Paying Parent] to [12. Receiving Parent]. Additional terms: [13. Child Support Additional Terms]

Medical and Childcare Expenses

Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be shared as follows: [14. Medical and Childcare Terms]

Property and Debt Division

The parties have reached a full and complete agreement regarding the division of all marital property, assets, and debts. The terms of this division are as follows: [15. Property and Debt Division Terms]

Alimony

The parties have agreed that alimony shall be as follows: [16. Alimony Terms]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court:

(a) grant a Decree of Divorce dissolving the marriage of the parties;
(b) approve the parties' Parenting Plan regarding custody;
(c) order child support in accordance with the parties' agreement and the Melson Formula;
(d) approve the parties' property and debt division;
(e) restore Petitioner's former name of [17. Former Name], if requested; and
(f) grant such other and further relief as the Court deems just and proper.

Dated: [18. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Executed this [19. Execution Date] day of [20. Execution Month, Year], at [21. City and State of Execution].

Contested Divorce with Children Sample See how custody and parenting terms appear in the full document.

Petition for Divorce — Contested with Children

IN THE FAMILY COURT OF THE STATE OF DELAWARE, IN AND FOR [1. County] COUNTY

Case No: [2. Case Number]

[3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent.

Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Divorce against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has been a bona fide resident of the State of Delaware for at least six (6) months immediately preceding the filing of this Petition, in accordance with 13 Del. C. § 1504. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage].

There are [7. Number of Children] minor child(ren) born of or adopted during this marriage: [8. Children Names and Birthdates].

Grounds for Divorce

The parties have lived separate and apart from each other without interruption or cohabitation for a continuous period of at least six (6) months, in accordance with 13 Del. C. § 1505. The marriage has broken down irretrievably, and a divorce should be granted.

Custody and Parenting Time

The parties are unable to agree on legal or physical custody of the minor child(ren). Petitioner requests that the Court award custody and establish a parenting plan in accordance with the best interests of the child(ren) under 13 Del. C. § 722. Relevant facts include: [9. Custody Dispute Facts]

Child Support

The parties are unable to agree on child support. Petitioner requests that the Court order child support in accordance with the Delaware Child Support Guidelines (Melson Formula), as set forth in 13 Del. C. § 514. Relevant facts include: [10. Child Support Facts]

Medical, Dental, and Childcare Expenses

Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be allocated as follows, or as the Court determines equitable: [11. Medical and Childcare Terms]

Property and Debt Division

The parties are unable to agree on the division of their marital property, assets, and debts. Petitioner requests that the Court equitably divide the parties' marital property and debts. The relevant marital assets and liabilities include: [12. Property and Debt Description]

Alimony

The parties are unable to agree on alimony. Petitioner requests that the Court award alimony as the Court deems equitable under 13 Del. C. § 1512. Relevant facts include: [13. Alimony Facts]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court:

(a) grant a Decree of Divorce dissolving the marriage of the parties;
(b) determine legal and physical custody and establish a parenting plan in the best interests of the minor child(ren);
(c) order child support in accordance with the Melson Formula;
(d) equitably divide the parties' marital property and debts;
(e) award alimony as the Court deems equitable;
(f) restore Petitioner's former name of [14. Former Name], if requested; and
(g) grant such other and further relief as the Court deems just and proper.

Dated: [15. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Executed this [16. Execution Date] day of [17. Execution Month, Year], at [18. City and State of Execution].

At a Glance

Delaware divorce at a glance

Residency requirement 6 months
Waiting period 6 months separation
Filing fee $175
Grounds accepted 6-month separation (no-fault)
Official forms Form 442 (Petition)

Confirm with your county before filing — fees and rules can vary.

Overview

Filing for divorce in Delaware

Delaware asks for two six-month clocks before a divorce can finalize: six months of residency in the state, and then a continuous six-month separation without cohabitation for the no-fault ground. The petition (Form 442) goes to the Family Court in your county, which handles divorce differently from the general trial courts in most states.

The state is best known in family law for its Melson Formula — a child support calculation used by only two states in the country. Instead of a straight percentage of income, the Melson Formula first reserves a self-support amount for each parent, then divides the remainder by need. It produces noticeably different numbers than a guideline-based state, and courts follow 13 Del. C. § 514 in applying it.

Property is divided equitably, and alimony follows the factors in 13 Del. C. § 1512. Because the Family Court handles everything from the petition to the decree in one place, an uncontested case can stay relatively compact. The filing fee is around $175, and the official forms come from Delaware Courts.

Official court source: Delaware Family Court