Ch. II: Commencement of Action; Service of Process, Pleadings, Motions and Orders: Deposit and Security for Costs · Last amended 2018 · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 3 starts a case: file a petition with the Clerk, verify it where a statute or rule requires, and pay the fees before the Clerk will accept it.
(a)Petition. An action is commenced by filing with the Clerk a petition or, if required by statute, a complaint or statement of claim, all hereafter to be referred to as a “petition”. The original plus one copy of the petition shall be filed unless specific rule requires filing of additional copies. Every newly filed petition shall be accompanied by an Information Sheet in the form adopted by the Court and containing information that the Court shall determine is necessary and appropriate.
(b)Verification. Unless a specific statute or rule allows for an unsworn declaration made under penalty of perjury, every pleading which is required to be verified by statute or by these Rules shall be under oath or affirmation by the party filing such pleading that the matter contained therein insofar as it concerns the pleader's act and deed is true, and so far as it relates to the act and deed of any other person, is believed by the pleader to be true.
(c)Deposit of Fees and Costs. Except as provided in Civil Rule 112 the Clerk shall not accept for filing any petition until all required fees and costs have been paid. Before any proceeding is instituted in the Family Court, the Clerk shall demand and receive a non-refundable filing fee as set forth in a Schedule of Assessed Costs. Where any statute, Rule or order requires publication of any notice, summons or order, a payment of the assessed cost thereof shall be required. The Director of Fiscal Services shall maintain and publish a Schedule of Assessed Costs, which shall apply and be computed by the Clerk of the Court. All fees and costs collected by the Clerk shall be held until final disposition or until such time as a good and proper claim against such fees and costs is presented to the Court by such vendors as those engaged by the Court to publish notices and serve process. At the time of final disposition and order, fees and costs will be assessed against the petitioner unless the Judge or Commissioner waives all or part of the fees and costs and assesses them wholly or in part against the respondent or in some other manner.
(d)Unnecessary Costs. If at any time during the progress of an action it appears to the Court that the amount claimed is exorbitant or the position taken is unreasonable so that the opposite party is put to unnecessary expense in giving bond, or if any party unnecessarily swells the record or otherwise causes unnecessary expense, the Court may, in its discretion, order such unnecessary expense to be taxed against the party causing the same, without regard for the outcome of the action.
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 September 3, 1996; August 28, 2008; December 1, 2018.]
Plain-English Summary
The petition. An action is commenced by filing a petition with the Clerk — or a complaint or statement of claim, if a statute requires that name, though the rules call all of them a petition. File the original plus one copy unless a specific rule asks for more, and attach the Information Sheet on the form the court has adopted.
Verification. Where a statute or rule requires a pleading to be verified, it must be sworn or affirmed: true as to the pleader's own acts, and as to anyone else's, true to the best of the pleader's knowledge and belief. Delaware now allows an unsworn declaration made under penalty of perjury to stand in where a statute or rule permits one.
Fees. The Clerk shall not accept a petition for filing until the required fees and costs are paid, and demands a non-refundable filing fee set by the Schedule of Assessed Costs. Rule 112 is the exception, and it is the important one — it is how a person who cannot afford the fee proceeds anyway.
Unnecessary costs. If the amount claimed is exorbitant or a position unreasonable, so that the other side is put to needless expense, or if a party swells the record or otherwise runs up costs, the court may order that expense paid by the party who caused it. A discretionary power, and a quiet discouragement to over-pleading.
Frequently Asked Questions
How do I start a Family Court case in Delaware?
File a petition with the Clerk — the original plus one copy unless a rule requires more — with the Information Sheet on the court's adopted form, and pay the required fees.
What if I cannot afford the filing fee?
The Clerk will not accept a petition until fees are paid, except as provided in Rule 112, which governs proceeding in forma pauperis.
Does my petition have to be sworn?
Only where a statute or these rules require verification. Where they do, it must be under oath or affirmation, unless a statute or rule allows an unsworn declaration made under penalty of perjury.
Can I be made to pay the other side's wasted costs?
Yes. If a claim is exorbitant, a position unreasonable, or a party unnecessarily swells the record, the court may in its discretion order that unnecessary expense paid by the party who caused it.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 3), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:file a Family Court petition DelawareDelaware Family Court filing feeverification of pleadings DelawareFam. Ct. Civ. R. 3