Rule 104.1.Scheduling; notice of hearings
Ch. XII: Divorce and Annulment · Last amended 2021 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 104.1
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 September 14, 2000, effective February, 2001; January 6, 2005; December 1, 2021.]
Plain-English Summary
The rule that decides whether anyone has to come to court to be divorced.
If a hearing was requested. Where the petitioner asked for one in the petition, or the counterpetitioner did, the Clerk schedules the petition for an uncontested divorce hearing. Nothing further is required.
If it was not. The Clerk sends a Notice once the case becomes trial ready — which happens when any applicable period of separation has passed, the respondent has been served, and the Parent Education requirements have been met. The petitioner then has 20 days from the date on the Notice of Trial Readiness to file a Request to Proceed Without a Hearing with a supporting affidavit. Miss the 20 days and the Clerk simply schedules a hearing; the case does not stall, it reverts.
Either direction, either time. A petitioner or counterpetitioner who knows the case is trial ready may file the request before the Notice arrives. And once a hearing has been scheduled, a petitioner may still ask to have the petition decided on the papers, as long as the request and affidavit are filed before the hearing date.
What goes with the request. An affidavit in support, a copy of the Notice of Trial Readiness or Notice of Hearing if one is available, and a verification that a copy has been served on the respondent.
What the affidavit must say. It reaffirms the petition; verifies service of process on the respondent; verifies the respondent's military status and says whether they have filed an answer or a waiver of their rights under the servicemembers legislation; affirms any applicable period of separation; and affirms that the parties have not occupied the same bedroom or had sexual relations with each other within the last 30 days.
These are the findings a judge would otherwise make from the witness box, sworn to on paper instead. And unless the respondent has appeared, an affidavit of nonmilitary service must be presented at the hearing or filed in the action — the protection that stops a servicemember being divorced by default while deployed.
Frequently Asked Questions
Do I have to attend a hearing to get divorced in Delaware?
Not necessarily. If the petitioner requested a hearing, the Clerk schedules one. Otherwise the petitioner may file a Request to Proceed Without a Hearing with a supporting affidavit and have the petition decided on the papers.
What is a Notice of Trial Readiness?
The notice the Clerk sends once any applicable period of separation has passed, the respondent has been served, and the applicable Parent Education requirements have been satisfied.
How long do I have to file the request after the notice?
20 days from the date on the Notice of Trial Readiness. If no request and affidavit are filed within that time, the Clerk schedules an uncontested divorce or annulment hearing.
Can I switch to a paper divorce after a hearing is scheduled?
Yes, provided the Request to Proceed Without a Hearing and the affidavit are filed before the date of the scheduled hearing.
What must the supporting affidavit say?
It must reaffirm the petition, verify service of process, verify the respondent's military status and whether an answer or waiver has been filed, affirm any applicable period of separation, and affirm that the parties have not occupied the same bedroom or had sexual relations with each other within the last 30 days.