Default Divorce in Delaware

If your spouse is served with divorce papers and doesn't file an Answer (Form 448) within 20 days, your case moves to the default path. A default divorce is not automatic — the court still reviews your petition and acts as a gatekeeper — but the case may proceed toward finalization without your spouse's agreement or attendance.

What "Default" Means in Delaware Family Court

Default simply means the respondent (your spouse) did not file a response within the statutory 20-day window after being served. It does not mean the divorce is granted immediately. It means:

• Your spouse has not filed a response within the deadline
• The court still reviews service, the petition, and the relief requested
• The case may proceed toward finalization without needing your spouse's agreement or attendance

The Default Path Step by Step

1. Confirm Service Was Completed

Before you can proceed on default, the court needs proof that your spouse was properly served. This comes from the sheriff's return of service, the special process server's Affidavit of Service (filed within 3 days), or your spouse's signed Form 406 (Affidavit of Appearance in Divorce Action).

2. Wait 20 Days

The clock starts from the date of service, not from your filing date. There's no way to shorten this window.

3. Receive the Notice of Trial Readiness

After the 20-day window passes and other prerequisites are met (the 6-month separation period, parent education if children are involved), the court issues a Notice of Trial Readiness to both parties.

4. Choose Your Finalization Method

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

On the papers: File Form 446 (Request to Proceed Without a Hearing) and Form 447, notarized or signed under penalty of perjury; attach the original Notice of Trial Readiness, mail the request package to your spouse at their last known address, and submit it to the court. A commissioner reviews the filings and mails the Decree of Divorce.

Hearing: Attend a short uncontested hearing. You must bring Form 405 (Affidavit of Non-Military Service) certifying that your non-responding spouse is not in the military. Federal servicemember protections can affect default; verify military status and the current Family Court requirements before proceeding.

What the Court Will and Won't Grant in a Default

A default doesn't mean you get everything you asked for automatically. The court acts as an equity gatekeeper:

The court may grant:

• The divorce itself (dissolution of the marriage)
• Relief that was explicitly requested in your original petition (Form 442) — such as property division, alimony, or custody arrangements you specified

The court will not grant:

• Assets or relief you didn't request in the petition — a judge won't award you the house if you didn't ask for it
• Custody arrangements that don't serve the children's best interests — even in a default, the court independently reviews custody and support to protect the children

This is why getting the initial petition right matters. Anything you want the court to consider must be spelled out in your filing.

When a Default Can Be Set Aside

Your spouse may ask the court to set aside (vacate) the default or allow late participation. Whether the court does so depends on the service record, the reason for the missed response, and any defense under the current Family Court rules. Do not assume a default is irreversible, especially when service was by publication or actual notice is disputed.

Default vs. Uncontested

These are often confused but they're different:

Navigating a Default Divorce

The Delaware Divorce Filing Process Guide walks you through the default path with specific attention to what must be included in your initial petition, how to document service for the court record, and the exact forms and deadlines for finalization — plus a risk assessment checklist that flags when a default case may face challenges.

See more Delaware guides →