Delaware Uncontested Divorce
Delaware Uncontested Divorce
An uncontested divorce in Delaware means both spouses agree on everything — grounds, property division, debt, and custody — or the respondent simply doesn't respond within the 20-day window. Either path leads to a faster, cheaper resolution than a contested trial.
Delaware's Family Court even lets you finalize an uncontested divorce without stepping into a courtroom, using the "on the papers" procedure.
What Makes a Divorce Uncontested in Delaware
Your divorce qualifies as uncontested if one of these is true:
- Consent: Your spouse files an Answer (Form 448) agreeing to the divorce and all terms
- Default: Your spouse is served but doesn't file any response within 20 days
In either case, no commissioner hearing or trial is needed to resolve disputed issues because there aren't any.
Contested vs. Uncontested: What Changes
| Factor | Uncontested | Contested |
|---|---|---|
| Cost | $175 base filing fee (plus ancillary fees if applicable) | $175+ plus potential attorney fees ($3,000–$30,000+) |
| Timeline | 8–12 months total (mostly the 6-month separation wait) | 12–24+ months |
| Court appearances | Zero (if filing "on the papers") or one short hearing | Multiple hearings, possibly a trial |
| Process complexity | Fill out forms in sequence, serve spouse, wait | Discovery, depositions, commissioner conferences, trial |
The financial difference is substantial. A contested divorce with attorney representation typically costs $3,000–$8,000 even for moderate disputes, and complex trials involving business valuations or custody fights can exceed $30,000.
Step-by-Step Uncontested Process
1. Meet the Separation Requirement
You must be separated for at least six consecutive months. You can live under the same roof as long as you occupy separate bedrooms and don't have sexual relations. You can file the petition before the six months are complete — the court holds the case until the requirement is met.
2. File the Petition Packet
Submit Form 442 (Petition), Form 240 (Information Sheet), Form 441 (Vital Statistics), Form 400 (Request for Notice), your certified marriage certificate, and Form 279 (if children are involved). The filing fee is $175.
3. Serve Your Spouse
Use the sheriff, a court-approved special process server (Form 593), or have your spouse sign an Affidavit of Appearance (Form 406) to waive formal service. Form 406 is the fastest option for cooperative spouses.
4. Wait 20 Days
Your spouse either files Form 448 agreeing to everything (consent path) or doesn't respond at all (default path). Either way, the case remains uncontested.
5. Complete Parent Education (If Children)
Both parents must finish an approved parent education program and file certificates with the court within 180 days.
6. Finalize "On the Papers"
When the court issues the Notice of Trial Readiness, file Form 446 (Request to Proceed Without a Hearing) and notarized Form 447 within 20 days. Mail copies to your spouse. The commissioner reviews everything and mails the Decree of Divorce.
Alternatively, attend a brief uncontested hearing — bring Form 405 (Affidavit of Non-Military Service) if your spouse didn't respond.
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When an Uncontested Divorce Becomes Contested
A case shifts to contested if your spouse files Form 448 challenging the grounds, disputing the separation date, or contesting any requested relief. Once contested, the court assigns a commissioner for scheduling, which adds months to the timeline.
Even if you started uncontested, disagreements over retirement accounts, the family home, or custody can emerge during the ancillary disclosure process (Form 465) after the decree is entered. Delaware frequently grants the divorce first and resolves financial disputes afterward.
The Full Filing Sequence
The Delaware Divorce Filing Process Guide maps every step of the uncontested process in chronological order — from separation documentation through the "on the papers" finalization — with deadline trackers and a risk assessment checklist that flags when your case may be shifting from uncontested to contested.
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Download the Delaware — Divorce Filing Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.