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Serving divorce papers in Delaware

After you file in Delaware, your spouse must get the papers. This page covers who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

Checked against official sources: Oct 24, 2026

In short

If you were served: Time to respond: 20 days after service (13 Del. C. 1508; Family Court divorce packet). If you are filing: Your spouse must get notice of the petition.

Time to respond
20 days after service
Accept or waive service
Possible: your spouse signs a form
Law
13 Del. C. 1508

Were you served in Delaware?

Enter the day you got the papers (the summons and the petition). We show the deadline to answer.

The day the papers were handed to you or you signed for them.

Enter the date you were servedYour deadline appears when you enter the date.

How papers are served in Delaware

  • Your spouse must get notice of the petition.
  • They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights.
  • If you can't find your spouse, notice can be published free on the Family Court Legal Notices website.

Law: 13 Del. C. 1508

Deadline to respond and default

20 days after service (13 Del. C. 1508; Family Court divorce packet).

If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Serving your spouse in Delaware, step by step

  1. File your papers first

    File with the Family Court in the county where you or your spouse live. Service comes after filing.

  2. Serve the papers

    Your spouse must get notice of the petition.

  3. Or have your spouse sign

    They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights.

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

    20 days after service (13 Del. C. 1508; Family Court divorce packet).

  6. If there is no response

    If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Questions about serving divorce papers in Delaware

How do you serve divorce papers in Delaware?

Your spouse must get notice of the petition. They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights. If you can't find your spouse, notice can be published free on the Family Court Legal Notices website.

Can my spouse accept or waive service in Delaware?

They can skip formal service by filing Form 263, Affidavit of Appearance and Waiver of Rights.

How long does my spouse have to respond in Delaware?

20 days after service (13 Del. C. 1508; Family Court divorce packet).

More about divorce in Delaware

Serving papers in nearby states

Sources

Last checked: Oct 24, 2026.