- 1 - Prepared by U.S. Legal Forms, Inc.Copyright 2016 - U.S. Legal Forms, Inc. FAMILY COURT
STATE OF DELAWAREDIVORCE PACKAGE UNCONTESTED – MINOR CHILDREN WITH OR WITHOUT PROPERTY
Control Number DE-006-D This packet contains the following:1.Information about Divorce2.Form List3. Form Explanations4. Instructions and Steps5.Checklist6.Access to Law Summary You and your spouse must agree to all terms of the divorce to use this packet. All forms to be filed with the clerk must be printed on bond paper.
- 2 - INFORMATION ABOUT DIVORCE 1.WHO MAY USE THESE FORMS: This packet is designed for the sole
purpose of obtaining an uncontested divorce. This packet is only of use to you if you and
your spouse are willing to agree to all the terms and conditions of your divorce. You
must communicate with your spouse and keep him/her advised as to each step in the
process. If you cannot agree, you will become involved in a contested divorce, which is
beyond the scope of this packet. You may only use this package if all of the following
are true:(a)There are minor children of said marriage;(b) The parties agree to all provisions of the divorce; and(c)The parties complete the written Separation and Property Settlement
Agreement indicating the division of property, debts, and spousal
maintenance, if any.2. THE BASICS: In a typical divorce, you must satisfy two basic requirements before you
can file for divorce. Those requirements include the residency requirements and
appropriate grounds for divorce. These requirements are discussed in detail in their
respective sections, below. In addition, you must agree with your spouse to become divorced, and agree to all the
terms of the dissolution of marriage in filling out the forms, including property division.
You will complete and file the forms (see detailed instructions, below) in the Family
Court for the county where either party resides. 3. RESIDENCY REQUIREMENTS: Either you or your spouse must have resided in
Delaware for at least 6 months, or been stationed in Delaware as a member of the military
for at least 6 months. 4.GROUNDS FOR DIVORCE: You and your spouse must be seeking a divorce because
your marriage is irretrievably broken, and reconciliation is not probable. You must have
separated for at least 6 months prior to filing the divorce because of incompatibility or by
voluntary agreement. 5. WAITING PERIODS: You must be separated from your spouse for 6 months prior to
filing for divorce.
- 3 - 6.ALIMONY: Because this is an agreed divorce, you will decide issues of “alimony”--
the periodic payment of money from one spouse to the other on a temporary or
permanent basis. The forms in this no-fault divorce package assume that no alimony will
be paid and none will be sought-- but you may add provisions for alimony to the
Separation Agreement if you desire. In a contested case, the courts might award alimony.
A contested divorce is beyond the scope of this divorce package. You should consult a
local attorney regarding the possibilities concerning alimony if you have questions
or foresee conflict regarding this issue. 7.DISTRIBUTION OF PROPERTY: In a divorce, the property such as land, house,
buildings, and items of personal property owned by the couple is divided between the
parties. Debts owed are also allocated to one party or the other, or both. This is
accomplished by means of a Separation Agreement. You and your spouse must agree
to the property and debt division and memorialize your agreement in the Separation
Agreement, which will be incorporated by reference into the Decree of Divorce that
ultimately ends your marriage. You may agree to divide the property any way you like,
as long as a basic fairness is maintained, and you both agree. If you cannot agree on any
item of this division, the dissolution of marriage transforms into a contested divorce. A
contested divorce is outside the scope of this packet. 8.CUSTODY / VISITATION: The Court shall determine the legal custody and
residential arrangements for a child in accordance with the best interests of the child. In
determining the best interests of the child, the Court shall consider all relevant factors
including: (a)The wishes of the child's parent or parents as to his or her custody and
residential arrangements; (b) The wishes of the child as to his or her custodian(s) and residential
arrangements; (c)The interaction and interrelationship of the child with his or her parents,
grandparents, siblings, persons cohabiting in the relationship of husband
and wife with a parent of the child, any other residents of the household or
persons who may significantly affect the child's best interests; (d)The child's adjustment to his or her home, school and community; (e) The mental and physical health of all individuals involved; (f)Past and present compliance by both parents with their rights and
responsibilities to their child under § 701 of this title; and (g) Evidence of domestic violence as provided for in Chapter 7A of this title. The Court shall not presume that a parent, because of his or her sex, is better qualified
than the other parent to act as a joint or sole legal custodian for a child or as the child's
primary residential parent, nor shall it consider conduct of a proposed sole or joint
custodian or primary residential parent that does not affect his or her relationship with the
child.
- 4 - 9.CHILD SUPPORT: The duty to support a child under the age of 18 years, whether born
in or out of wedlock, rests primarily upon the child's parents. The duty to support a child
under 18 years of age, whether born in or out of wedlock, shall rest equally upon both
parents. Both parents have a duty to support their child over 18 years of age if such child
is a student in high school and is likely to graduate. This duty ends when the child
receives a high school diploma or attains age 19, whichever event first occurs. In determining the amount of support due to one to whom the duty of support has been
found to owe, the Court, among other things, shall consider: (a) The health, relative economic condition, financial circumstance, income,
including the wages, and earning capacity of the parties, including the
children;(b)The manner of living to which the parties have been accustomed when
they were living under the same roof;(c)The general equities inherent in the situation. 10.PARENT EDUCATION CLASS: Each parent is required to attend a Parent Education
Class and file a Certificate of Completion of the Parent Education Class with the Court
before a divorce hearing may be scheduled. The Parent Education Class is designed to
assist parents in helping children cope with the effects of divorce.11.NAME CHANGE: Upon request, the wife may change her name to a former or maiden
name, as long as the reason for the name change is not for fraudulent or misleading
purposes.
- 5 - FORM LIST The following forms are included in this package:1.Information Statement (DE-240)2.Petition for Divorce (DE-442)3.Affidavit of Children’s Rights (DE-279)4.Request for Notice (DE-400)5.Separation Agreement (DE-DO-11A)6.Stipulation to Incorporate the Separation Agreement (DE-443)7.Affidavit of Non-Military Service (DE-405)8.Vital Statistics Sheet (DE-441) OR9.Vital Statistics Same Sex Marriage (DE-441SS) Note: Each original petition for divorce or annulment shall contain, as an exhibit
to the petition, a certified copy of the certificate of the marriage between the
Petitioner and the Respondent.Your spouse must obtain an Affidavit of Appearance and Waiver of Rights from
the Clerk of Court. If you spouse is currently on active duty with a branch of the
U.S. Armed Forces, he or she must also obtain from the Clerk a Waiver of Rights
Under the Soldiers’ and Sailors’ Relief Act form.Depending on your County, additional forms may be required that are County-
specific. These forms will be available from the Clerk.
- 6 - FORM EXPLANATIONS All forms included in this package are identified and described below. If there is a space for the
signature of a Notary on the form, then the form must be signed before a Notary Public.1.Petition for Divorce – (DE-442) This document begins the divorce process, and includes
the necessary legal details for asking the court to dissolve your marriage. Use the
Petition for Divorce/Annulment ONLY when: You want a divorce or annulment; AND
either you or your spouse has resided (lived) in Delaware for at least 6 months
immediately preceding filing for divorce or annulment; OR either you or your spouse has
been stationed in Delaware as a member of the military for at least 6 months immediately
preceding filing for divorce or annulment. Although this packet appears to discuss only
what you need to do if you want to file a Petition for Divorce, you should also use this
packet if you want to file a Petition for Annulment.2.Information Statement – (DC-240) This document provides the Court with general
information about the parties which allows the Court to adequately notify the parties
about upcoming proceedings and to maintain up-to-date records.3.Affidavit of Children’s Rights – (DE-279) This affidavit is provided to the parties to a
divorce involving minor children to ensure that each party is aware of the rights of
children involved in a divorce action. 4. Request for Notice – (DE-400) This form is used to notify the Clerk of Court whether an
official Summons must be issued in the divorce action or whether the opposing party will
pick up a copy of the Petition for Divorce at the Clerk’s office. This form must be marked
in Section B to indicate “Withhold Issuance of Summons.” This avoids the formal
requirements for service of process if your spouse agrees to go to the courthouse to pick
up a copy of the Petition and pick up, complete and file the Affidavit of Appearance and
Waiver of Rights.5.Separation Agreement – (DE-DO-11A) This document is a contract in which you and
your spouse agree to divide all of your marital property and debts. This agreement will
be filed with your Petition for Divorce (DE-442) and incorporated into the Decree of
Divorce that ends your marriage. 6.Stipulation to Incorporate Separation Agreement – (DE-443) This form is used to
request that the Court incorporate your Separation Agreement (DE-D0-11A) into the
Decree of Divorce.
- 7 - 7.Affidavit of Non-Military Service – (DE-405) This form is used to certify to the Court
that the Respondent is not presently in the military service of the United States of
America. Complete this form only if your spouse is not an active duty member of the
military. Bring this form to the final hearing.8. Vital Statistics Sheet (DE-441) OR Vital Statistics Same Sex Marriage (DE-441SS)
These forms are used by the State of Delaware to update its vital statistics records upon
granting the divorce. Choose only one form.
- 8 - INSTRUCTIONS AND STEPS Please look for the following symbol throughout the packet. It will help guide you. READ THIS SECTION CAREFULLY THIS DOCUMENT MUST BE
FILED STEP 1: In cooperation with your spouse, complete the following forms: Form 1- Petition for Divorce (DE-442)Check the box indicating, “Incorporate our Separation Agreement”Form 2- Information Statement (DE-240) This form provides information for the court’s use. File original and one copy.Form 3- Affidavit of Children’s Rights (DE-279)Form 4- Request for Notice (DE-400)Check the box in Section B, “Please Withhold Issuance of Summons”Form 5- Separation Agreement (DE-DO-11A)File original and one copy.Form 6- Stipulation to Incorporate Separation Agreement (DE-443)Both you and your spouse MUST sign the Stipulation to Incorporate the
Separation Agreement in the presence of a notary.When you file this form, you MUST ALSO file your Separation Agreement. You may file a Separation Agreement and the Stipulation to Incorporate the
Separation Agreement AT ANY TIME UNTIL the day the Court decides your
petition. Make at least 5 copies of your completed documents (Forms 1-6). Call ahead to the court clerk and determine the amount of the filing fee and
accepted forms of payment. Go to the courthouse and FILE the forms. File any
needed copies of the Forms. The clerk will stamp any unneeded copies “Filed,”
and return them to you. When filing your documents, make sure the case
number for your case is on each one. The clerk will have just assigned this
number, so you will have to take a moment to include it on your forms in the
appropriate blank on the first page.
- 9 - Note: If a form contains a space for the signature of a Notary Public, it must be
signed by you (and if necessary by your spouse) in front of a Notary Public, who
must notarize the document. Prepare an original and several copies of each of
your completed documents. Your spouse should have a copy of everything you
file, stamped “filed” by the clerk. You should keep copies and the court must
have originals. If reference is made to attaching one document to a second
document, then any subsequent reference to the second document assumes that
the first document is attached thereto.STEP 2: Obtain and complete the following forms:Certified copy of your Marriage CertificateYou MUST file a certified copy of your marriage certificate. A certified copy
will bear an embossed seal or watermark signifying that it is an official copy.
You may NOT file a photocopy of an original copy. A certified copy of your
marriage certificate is available from the Division of Public Health and Vital
Statistics in the state or jurisdiction where you were married. You CANNOT
obtain a copy of your marriage certificate at Family Court. If, and only if, your spouse is on active duty in the military, obtain a form from
the clerk called “Waiver of Rights under the Soldiers and Sailors Relief Act.”
Your spouse must complete this form and file it when he or she goes to the clerk’s
office to pick up a copy of the Petition for Divorce (DE-442) and sign the
Affidavit of Appearance and Waiver (see below). STEP 3: Notify your spouse to go to the clerk’s office and pick up a copy of the Petition
for Divorce (DE-442). At this time, your spouse must pick up, complete, and FILE a document called
“Affidavit of Appearance and Waiver of Rights,” thereby agreeing to an
uncontested divorce on the basis of the Separation Agreement (DE-803D). The
Affidavit of Appearance and Waiver is only available at the clerk’s office. If, and only if, your spouse is in the military on active duty, your spouse must also
at this time FILE the “Waiver of Rights under the Soldiers and Sailors Relief
Act.”STEP 4: Certificate(s) of Completion of Parent Education Class Both you and your spouse should next make arrangements to attend and complete
the Parent Education Class. All divorcing parents must take a Parent Education Class. If your child(ren) is
between the ages of 8 and 16, they must also attend the class. A listing of
- 10 - available classes is available at the Family Court Resource Centers. Once you
and your children have completed the Parent Education Class, a Certificate(s) of
Completion of Parent Education Class will be given to you. You must file the
ORIGINAL copy(ies) of the Certificate of Completion of Parent Education Class
with the Family Court. YOU CANNOT PROCEED WITH THE DIVORCE PROCESS UNTIL
THE CERTIFICATE OF COMPLETION OF PARENT EDUCATION
CLASS HAS BEEN FILED WITH THE COURT Next you will receive a Notice from the Court telling you that your petition is
trial-ready and that you can proceed with the divorce process. REMEMBER, that you can proceed with either type of uncontested divorce
regardless of what you selected on your petition. If you change your mind
regarding the type of divorce proceeding that you would like to file, be sure to
submit the appropriate papers with the Court. For an uncontested petition that was marked on your Petition for
Divorce/Annulment that you wanted the Court to proceed without a hearing,
solely on the papers, you will receive a Notice of Trial-Readiness telling
you that your petition is trial-ready and that you have 20 days to file the
following forms. STEP 5 (Option 1):Request to Proceed Without a Hearing (file original and mail one copy to
the Respondent) ¾ You must file this form within 20 days of the date on the Notice of Trial-
Readiness (not the date you received it in the mail). If you fail to file this request
within the allotted time, your Petition for Divorce/Annulment will be scheduled for a hearing and you will have to appear in court to obtain your divorce. ¾ You must attach a copy of the Notice of Trial-Readiness to your Request to
Proceed Without a Hearing. ¾ You may NOT file this form until your Petition for Divorce/Annulment is trial-
ready and you have received the Notice of Trial-Readiness. If you file this form
BEFORE you receive the Notice informing you that your petition is trial-ready,
the matter will be scheduled for a hearing and you will have to appear in court to
get your divorce or annulment.
¾ You MUST mail a copy of this form and the Affidavit in Support of the Request
to Proceed Without a Hearing to the Respondent. Then, complete the Affidavit of Mailing section on this form informing the Court that you sent a copy to the
Respondent. ¾ You MUST file this form with an Affidavit in Support of the Request to
Proceed Without a Hearing.
- 11 - Affidavit in Support of the Request to Proceed Without a Hearing (file original and mail one copy to the Respondent) This document MUST be filed with the Request to Proceed Without a Hearing.
On this document you are swearing that the information contained in the Petition
for Divorce/Annulment and in the affidavit is true. The Court will rely on this
information when making a determination regarding your divorce petition. Be
accurate and honest. Only respond to question #5 if the Respondent IS in the
military and has NOT responded IN ANY WAY to the Petition for Divorce/Annulment. Delaware law requires that you and your spouse have lived
“separate and apart” for 30 days before the Court grants a divorce. You and your
spouse may reside in the same house, BUT THE COURT CANNOT
CONSIDER WHETHER TO GRANT YOUR PETITION FOR DIVORCE IF YOU AND YOUR SPOUSE HAVE OCCUPIED THE SAME
BEDROOM OR HAD SEXUAL RELATIONS WITH EACH OTHER
WITHIN 30 DAYS PRIOR TO THE COURT GRANTING YOUR
DIVORCE. If you and your spouse have not lived separate and apart for the past
30 days, DO NOT file this affidavit. Failure to adhere to this requirement may
mean that your divorce is invalid (in other words, your divorce may not be valid
and you may still be married to your spouse).
Once you have properly filed the Request to Proceed Without a Hearing and the Affidavit
in Support of the Request, all of your filings will be forwarded to a Commissioner. The
Commissioner will decide whether to grant your Petition for Divorce/Annulment based upon the
information contained in the papers you have filed. STEP 5 (Option 2): Divorce Decided At A Hearing If you marked on your Petition for Divorce/Annulment that you wanted to proceed with a
hearing, you will receive a Notice of Hearing notifying you of the date of your hearing. You
must come to Court on the day of your hearing for your Petition for Divorce/Annulment to be
granted. If you fail to appear at the hearing, the Court may dismiss your petition and you will
have to start the process over and pay the filing fee again. If, AFTER you have received a Notice of Hearing , you change your mind and decide to
proceed on the papers without having a hearing, you may file a Request to Proceed Without a
Hearing and the accompanying Affidavit anytime at least 7 days prior to the scheduled hearing.
You must also file a copy of the Notice of Hearing that you received from the Court. You must
mail a copy of the Request to Proceed Without a Hearing to the other party and provide the
Court with verification that you have done so. BE AWARE , if you file this request WITHIN
the 7 days prior to your hearing, the Court CANNOT cancel your hearing and it WILL BE
HELD as scheduled. You will not receive any further notification from the Court that your
hearing is taking place as scheduled. If you fail to appear at the hearing your petition could be
dismissed and you would have to start all over by filing a new petition and paying a new filing
- 12 - fee. Be very careful to file at least 7 days prior to the scheduled hearing date. Assistance in
calculating the date you can file is available in the Resource Centers in each Courthouse.
STEP 6: Form 7- Affidavit of Non-Military Service (DE-405) Complete this form on the day of the Divorce Hearing and bring to the Hearing
Only If Your Spouse Is Not On Active Duty In The Military. If your spouse is
on active duty in the military, it is not necessary to complete this form. NOTE: Properly completing all of the forms does not guarantee that the Court will give you (grant) what you want. It is up to you at the Court Hearing to prove why the Courtshould give you (grant) you what you want. If the Court GRANTS your Petition for Divorce/Annulment you will receive a copy of the Commissioner’s Order and the Decree of Divorce/Annulment in the mail. A copy ofthe Order and Decree will also be sent to the Respondent. If your divorce is granted,your divorce will become final on the day the Judge signs the Divorce Decree. This maynot necessarily be the same day as the divorce Hearing, which may be presided over by a“special master” who merely makes a recommendation to the Judge.If you or your spouse has requested that the Court retain jurisdiction over ancillary
matters, you will also receive a paper telling you the ancillary matters that the Court will
decide. If the Court DOES NOT GRANT your divorce two things can happen. ¾ The Commissioner can deny your Petition for Divorce/Annulment because the
statutory requirements for granting a divorce were not met and you and your
spouse will continue to be married, OR ¾ The Commissioner can schedule a hearing to take testimony and other evidence
from the parties to determine if the statutory requirements have been met. If your
Petition for Divorce/Annulment is scheduled for a hearing, you will be notified by
mail of the time and date of your hearing. Delaware law requires that you and your spouse have lived “separate and apart” for 30
days before the Court grants a divorce. You and your spouse my reside in the same house, BUT
THE COURT CANNOT GRANT YOUR PETITION FOR DIVORCE IF YOU AND
YOUR SPOUSE HAVE OCCUPIED THE SAME BEDROOM OR HAD SEXUAL
RELATIONS WITH EACH OTHER WITHIN THE 30 DAYS PRIOR TO YOUR
HEARING. Failure to adhere to this requirement may mean that your divorce is invalid (in other
words, your divorce may not be valid and you may still be married to your spouse).
- 13 - TIPS AND REMINDERS Make sure that you read any FAQ’s (Answers to Frequently Asked Questions) on Divorce.
These will give you the information that you need to properly file a Petition for
Divorce/Annulment and to better understand the process. The laws governing divorce and annulment are found in Title 13 of the Delaware Code. It
will be helpful for you to read these statutes, so that you are aware of the law that the Court
will be applying when deciding your case. The Delaware Code is available in the Family
Court Resource Centers, public libraries throughout Delaware and on the internet at
www.delcode.state.de.us . BE AWARE that this Packet does NOT address the issues of custody, visitation or child
support. Check at the Family Court Resource Centers or on the Family Court web site for
information and packets addressing these issues. These resources will provide you with
detailed information regarding custody, visitation and child support, including any
additional forms that you must file when requesting that the Court consider these matters. REMEMBER: The PETITIONER is the person who files the Petition for Divorce (YOU). The RESPONDENT is the person replying (responding) to the Petition. Please remember that COURT STAFF CANNOT GIVE YOU LEGAL ADVICE . If at
any point in the divorce process you are unsure about representing yourself, or have any
questions as to what options you have or what you should do; you should talk to an attorney.
Just because you talk to an attorney does not mean that you must hire that attorney to
represent you. Ask the attorney if he/she is willing to meet with you and answer your
questions without having to hire him/her for full representation. Before you meet with the
attorney, ask what fees may be involved for such limited services.
- 14 - If your spouse is a citizen of another country or has lived in another country in the past two
years, you must list the address of the embassy for that country. BE AWARE!!! Possession
of a United States green card does not make a person a citizen of the United States of
America. If your spouse has a green card, you must list the embassy for the country where
he/she is still a citizen.
¾ Before the Court will grant your divorce, you must demonstrate (indicate) that
that your marriage is irretrievably broken AND that reconciliation with your
spouse is not probable by checking BOTH the appropriate boxes on the petition.
You must check both boxes before the Court will grant your divorce. You must
also check at least one of the reasons why your marriage is irretrievably broken. ¾ Ancillary matters are actions that are dependent on the divorce action. In other
words, the Court cannot consider these matters apart from a Petition for
Divorce/Annulment. If you want the Court to grant you a property division,
alimony, court costs, attorney fees or any other ancillary relief allowed in Title 13,
section 1507 (f), you must ask the Court to do so as part of the divorce proceeding
BEFORE THE DIVORCE DECREE IS ENTERED. ¾ Please note that you can only request to change YOUR name. You may not
request to change your spouse’s name. You may only change your name to your
maiden name or other former name. ¾ The Petition for Divorce/Annulment must be notarized by a notary public or
authorized court staff. DO NOT sign your petition until you are in the presence of
a notary. REMEMBER: Always bring your photo identification (such as your driver’s license or
state issued photo identification card) whenever you need to have a Court form notarized.
- 15 - The Separation Date that you list on the Petition for Divorce/Annulment is
VERY IMPORTANT. Court staff will use this date to determine when your petition can
be decided by a Commissioner. Once you have finished filling out your petition, write
down the Separation Date that you listed in your petition in the appropriate space on the
next page. Calculate 6 months from that date and write it in the appropriate space next
page. The second date is the earliest you can expect the Court to decide your petition
unless you have filed on the grounds of misconduct or have filed for an annulment.
- 16 - PLEASE READ AND REMEMBER THESE IMPORTANT TIPS THERE IS A LOT OF PAPERWORK IN A COURT CASE AND HAVING THE
COURT MAKE YOU COPIES CAN BE VERY EXPENSIVE.
COPIES OF DIVORCE OR ANNULMENT DECREES
- 17 - To obtain a copy of your final decree of divorce or annulment, you may make the request in
person or by mail. IN PERSON: Please stop by the Records Department in the county in which your divorce or annulment was
granted during regular business hours. You will need to provide the clerk with your name and
date of birth. In addition, you will need to present valid photo identification. The cost of a
certified copy of your divorce or annulment decree is $4.00. The cost of a non-certified copy is
$1.00. A fee of $25.00 may be assessed if your records must be retrieved from archives. Payment
is accepted by cash, check, money order or credit card. BY MAIL: Please send a written request to the Records Department in the county in which your divorce or
annulment was granted. The request must include your name and date of birth and must contain
your notarized signature. Payment must be enclosed. The cost of a certified copy of your
divorce or annulment decree is $4.00. The cost of a non-certified copy is $1.00. A fee of $25.00
may be assessed if your records must be retrieved from archives. Payment is accepted by check,
or money order. If you have any questions, please contact the Records Department in the appropriate county at
the numbers listed below. In New Castle
County: Records Department Family Court 500 N. King St. Suite 110 Wilmington, DE 19801
302-255-0334 In Kent County: Records Department Family Court 400 Court Street Dover, DE 19901 302-672-1045In Sussex County: Records Department Family Court 22 The Circle Georgetown, DE 19947
302-855-7463 CHECKLIST
- 18 - Complete Forms 1-6.Make copies of documents. File at courthouse, as per instructions.Obtain a certified copy of your Marriage License.Complete and file Division of Public Health/Vital Statistics Form at courthouse.Both parties attend and complete the Parent Education Class. Obtain Certificate
of Completion and file with Clerk.Filing fees paid.If spouse is on active duty in the military, obtain Waiver of Rights under the
Soldiers and Sailors Relief Act from Clerk.Instruct spouse to go to courthouse and pick up copy of Petition (DE-442) and file
Affidavit of Appearance and Waiver of Rights.
Obtain hearing date from court.Attend hearing, bring all documents. If spouse is NOT active duty military,
complete and bring Form 7, Non-Military Affidavit (DE-405,) to hearing.
Once Decree has been signed and filed, obtain certified copy. Instruct spouse to
obtain certified copy.
- 19 - NOTE ABOUT COMPLETING THE FORMS The forms in this packet may contain “form fields” created using Microsoft Word. “Form fields”
facilitate completion of the forms using your computer. They do not limit you ability to print the
form “in blank” and complete with a typewriter or by hand.
If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then
select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that
resembles a shaded letter “a”. Click in this button and the form fields will be visible. If they do
not become visible, then they were not included in this form package.
To complete the forms click on the gray shaded areas and type. You may also change other
words in the document if the document is not locked. The separation agreement is a good
example of a document that is not locked and allows you to make modifications outside the gray
shaded areas.
Some forms may be locked which means that the content of the forms cannot be changed while
the form is locked. You can only fill in the information in the fields. If you need to make any
changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF
YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU
BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU
HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL
INFORMATION YOU ENTERED WILL BE LOST. To unlock, click on “Tools” in the
Menu bar and then selecting “unprotect document”. You may then be prompted to enter a
password. If so, the password is “uslf”. That is uslf in lower case letters without the
quotation marks. After you make the changes relock the document before you begin to
complete the fields. After any required changes re-lock the document, then click on the first form
field and enter the required information. You will be able to navigate through the document
from form field to form field using your tab key. Tab to a form field and insert your data. If you
experience problems, please let us know.
- 20 - LAW SUMMARY You may access the law summary for your State by using the link below:
http://secure.uslegalforms.com/lawsummary/DE/DE-006-D.htm
- 21 - DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and
forms for the STATE OF DELAWARE . All Information and Forms are subject to
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NOT INCLUDED. CHANGES REQUIRED BY PARTICULAR JUDGES ARE NOT
UNCOMMON EVEN IF THE FORMS HAD BEEN PREPARED BY YOUR ATTORNEY.
REGARDLESS, YOU SHOULD BE ABLE TO USE THESE FORMS AND INSTRUCTIONS,
WITH ANY REQUIRED MODIFICATIONS, TO MAKE IT THROUGH THE PROCESS. IF
YOU NEED TO MAKE CHANGES, OR IF SPECIAL FORMS ARE REQUIRED IN YOUR
COUNTY, YOU CAN MAKE THE CHANGES AND REFILE, OR OBTAIN THE SPECIAL
FORMS EITHER FROM THE CLERK OR A CLOSED DIVORCE FILE WHICH YOU CAN
USE AS AN EXAMPLE.
