Delaware Divorce on the Papers

"On the papers" is Delaware's term for finalizing a divorce without a courtroom hearing. Instead of appearing before a commissioner, you submit sworn paperwork and the court rules based entirely on the documents. For uncontested divorces, this is the fastest and simplest finalization method.

How the "On the Papers" Process Works

1. Receive the Notice of Trial Readiness

The court issues this notice once three conditions are met:

• The 20-day response window has passed (your spouse either agreed or didn't respond)
• The 6-month separation period is satisfied
• Parent education certificates are filed (if children are involved)

2. File Form 446 and Form 447 Within 20 Days

You have exactly 20 days from the Notice of Trial Readiness to file:

• Form 446 — Request to Proceed Without a Hearing
• Form 447 — Affidavit in Support of Request to Proceed Without Hearing

Form 447 must be notarized or signed under penalty of perjury. It reaffirms the facts in your petition — the separation date, grounds, and that the marriage is irretrievably broken.

3. Attach the Original Notice of Trial Readiness

The physical Notice of Trial Readiness you received from the court must be attached to your filing. The court wants the original document back.

4. Mail Copies to Your Spouse

After filing, mail a complete copy of the Forms 446/447 package to your spouse at their last known address. This gives them notice of the pending ruling even if they chose not to participate.

5. Commissioner Reviews and Issues the Decree

A Family Court Commissioner reviews the filings. If everything is in order — the separation requirement is met, the grounds are stated, the 30-day pre-ruling bedroom/sexual relations rule is satisfied — the commissioner enters the Decree of Divorce and mails it to both parties.

Typical turnaround from filing Forms 446/447 to receiving the decree: 2–4 weeks.

Who Can Use the "On the Papers" Route

This option is available when:

• Your spouse didn't respond (default) or agreed to the divorce
• There are no disputed issues requiring a hearing
• You meet the 6-month separation requirement (or filed on misconduct grounds and already had an evidentiary hearing)

You cannot use this route if:

• Your spouse filed a contested Answer (Form 448) disputing the grounds, jurisdiction, or separation date
• There are unresolved disputes over custody, property, or support that require judicial determination

The 30-Day Rule

The commissioner will verify that you and your spouse have not shared a bedroom or had sexual relations within the 30 days immediately preceding the ruling. This is stated in Form 447 under oath. Violating this rule means the court cannot enter the decree, regardless of how long you've been separated otherwise.

"On the Papers" vs. Hearing: When to Choose Each

Most self-represented filers in uncontested cases choose the "on the papers" route. It avoids scheduling delays, travel to the courthouse, and the stress of a courtroom appearance.

What Happens After the Decree

The Decree of Divorce legally ends the marriage. If either party requested ancillary relief (property division, alimony, debt allocation), the decree triggers a 30-day clock for the initiating party to file the Ancillary Financial Disclosure Report (Form 465). The divorce itself is final, but financial issues may continue to be resolved.

Filing the "On the Papers" Request

The Delaware Divorce Filing Process Guide includes the complete "on the papers" filing sequence with a checklist for Forms 446/447, the mailing requirement, and the 30-day pre-ruling verification — so nothing gets missed in the final stage.

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