Rule 104.1 - Scheduling; Notice of Hearings(a) When a hearing has been requested by the Petitioner in his or her Petition for Divorce or Annulment or by the Counter-petitioner, the Court Clerk shall schedule the petition for an uncontested divorce hearing.(b) When the Petitioner has requested to proceed without an uncontested divorce or annulment hearing, the Court Clerk shall send the Petitioner a Notice once the case becomes trial ready. A case is deemed trial ready once any applicable period of separation has passed, the Respondent has been served, and the applicable Parent Education requirements have been satisfied. The Petitioner shall have twenty (20) days from the date on the Notice of Trial Readiness to file a Request to Proceed Without a Hearing and Affidavit in Support of the Request with the Court. If no Request and Affidavit are filed within twenty (20) days of the date of the Notice of Trial Readiness, the Court Clerk shall schedule the petition for an uncontested divorce or annulment hearing.(c) Nothing in this Rule prohibits a Petitioner or Counter-petitioner from filing a Request to Proceed before receiving a Notice of Trial Readiness if the case is trial ready.(d) Once an uncontested divorce or annulment hearing has been scheduled, a Petitioner may request to have his or her petition decided without a hearing by filing a Request to Proceed Without a Hearing and Affidavit in Support of the Request provided that the Request and Affidavit are filed prior to the date of the scheduled uncontested divorce or annulment hearing.(e) A Request to Proceed without a Hearing shall be accompanied by (1) an Affidavit in support thereof, (2) if available, a copy of either the Notice of Trial Readiness or Notice of Hearing issued by the Court, and (3) a verification that a copy has been served on the Respondent.(f) The Affidavit in Support of Request to Proceed Without a Hearing shall: (1) Reaffirm the petition;(2) Verify service of process on the Respondent; (3) Verify the military status of the Respondent and advise whether Respondent has filed an Answer or a Waiver of his or her rights under the Servicemembers Civil Relief Act;(4) Affirm any applicable periods of separation under Title 13, Chapter 15; and(5) Affirm that the parties have not occupied the same bedroom or had sexual relations with each other with the last 30 days. (g) Unless there has been appearance by respondent, an affidavit of nonmilitary service shall be presented at the hearing or filed in the action.Del. Fam. Ct. R. Civ. P. 104.1
Amended September 22, 2021, effective 12/1/2021.