Rule 101.Process; complaint; prayers
Ch. XII: Divorce and Annulment · Last amended 2021 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 101
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective January 31, 2000; January 6, 2005; January 1, 2012; November 8, 2013; January 1, 2018; December 1, 2021.]
Plain-English Summary
The return day. Under the authority of the divorce statute, an original summons is returnable 20 days after it issues — unless the complaint contains the allegations the statute prescribes, in which case it is returnable 30 days after issuance. An alias summons, the second one issued when the first fails, is returnable 30 days after issuance.
The marriage certificate. Every original petition for divorce or annulment must attach, as an exhibit, an original or certified copy of the certificate of marriage or of civil union. A certificate already on file may be substituted by reference, and one not written in English must come with a certified translation. On good cause shown the court may accept a petition that does not conform.
The certificate is proof that there is a marriage to dissolve. Requiring it at the outset spares everyone the discovery of a missing document at the hearing.
Social security numbers. Every petitioner must provide their own and the respondent's social security number, to be kept in the case file. Where the respondent's number is unknown and cannot be obtained before filing, the petitioner says so in an affidavit, must make a good faith effort to obtain it before the hearing, and must be ready to explain to the court why it is unavailable. The numbers matter because a divorce decree touches support enforcement and benefits, and those systems run on them.
Hearing or no hearing. Every original petition must state whether, if the case is uncontested, the petitioner would like it decided with a hearing or without one under the statute that allows the paper route, provided its requirements are met. Rule 104.1 is where that choice is carried out.
Ancillary relief. Any prayer for the ancillary relief the divorce chapter permits — property division, support, name change and the rest — may be included in the petition, the answer or a motion, wherever it fits the action.
Frequently Asked Questions
When is a Delaware divorce summons returnable?
20 days after issuance, unless the complaint contains the allegations prescribed by the statute, in which case 30 days. An alias summons is returnable 30 days after issuance.
Do I have to file my marriage certificate with a Delaware divorce petition?
Yes. An original or certified copy of the certificate of marriage or civil union must be an exhibit to the petition, with a certified translation if it is not in English. A previously filed certificate may be substituted by reference, and the court may accept a non-conforming petition on good cause shown.
What if I do not know the other party's social security number?
The petitioner must say so in an affidavit, make a good faith effort to obtain it before the hearing, and be prepared to describe to the court why it is unavailable.
Can I ask for a divorce without a hearing?
Each original petition must include the petitioner's designation whether an uncontested divorce or annulment should proceed with a hearing or without one under the statute, so long as the requirements to proceed without a hearing are met.
Where do I ask for property division or support?
Any prayer for ancillary relief permitted by the divorce chapter may be included in the petition, answer or motion, where appropriate to the action.