Delaware · Serving papers · Updated Oct 2026

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.

In short

Your spouse must get notice of the petition. Your spouse then has this long to respond: 20 days after service (13 Del. C. 1508; Family Court divorce packet).

Time to respond
20 days after service
Accept or waive service
Yes
Law
13 Del. C. 1508

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.