Rule 101 - Process; Complaint; Prayers(a) In accordance with the authority set forth in 13 Del. C. Section 1508(h), the original summons shall be returnable 20 days after the issuance thereof, unless the complaint contains the allegations prescribed by 13 Del. C. Section 1508(b), in which event such summons shall be returnable 30 days after the issuance thereof. An alias summons shall be returnable 30 days after issuance thereof.(b) Each original petition for divorce or annulment shall contain, as an exhibit to the petition, an original or certified copy of the certificate of the marriage or certificate of civil union between the petitioner and the respondent. Previously filed certificates may be substituted by reference. Where a marriage certificate or a certificate of civil union is not written in English, a certified translation of the marriage certificate or certificate of civil union will also be submitted. Upon good cause shown, the Court may accept a petition not in conformity with this requirement.(c) Every petitioner in a divorce action shall provide the social security number of the petitioner and respondent to be maintained in the case file. If the respondent's social security number is unknown to the petitioner and petitioner is unable to obtain the respondent's social security number prior to the filing of the petition, the petitioner must so indicate in an affidavit. Further, the petitioner must make a good faith effort to obtain the social security number of the respondent prior to the hearing and, if unsuccessful, be prepared to describe to the Court reason for unavailability of the respondent's social security number. (d) Each original petition for divorce or annulment shall include a designation by the petitioner whether the petitioner would like his or her divorce or annulment, if uncontested, to proceed with a hearing or without a hearing pursuant to 13 Del. C. § 1517 so long as all requirements to proceed without a hearing have been met.(e) Any prayer for ancillary relief permitted by 13 Del. C. ch. 15 may be included in the petition, answer or motion, where appropriate to the action.Del. Fam. Ct. R. Civ. P. 101
Amended eff. Jan. 1, 2012; eff. 11/8/2013; amended September 22, 2021, effective 12/1/2021.