More Categories

Rule 3 – Commencement of Action

May 15, 2021 | Delaware, Family Law

(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 of $40.00 except in Divorce and Annulment actions where the filing fee is $75.00. The Clerk of Court shall likewise demand and receive a nonrefundable filing fee of $40.00 for each of the following ancillary matters included in a divorce petition: custody, visitation, property division, alimony and support except where a party requests relief in the area of custody and visitation in which case a single $40.00 fee will be charged. If, however, both parties seek relief in the matter of custody, then both will be charged the $40.00 filing fee. There will be no additional charge for a name change as a part of a divorce proceeding. 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 Clerk of the Court 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 in escrow 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 Master waives all or part of the fees and costs and assesses them wholly or in part against the respondent or in some other manner.

In custody cases requiring a custody investigation where a written report is submitted to the Court, an additional cost may, in the discretion of the Court be assessed in accordance with Rule 16(b)(5)

(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.
(e) Application of deposit [Deleted].

Del. Fam. Ct. R. Civ. P. 3

Amended July 18, 2018, effective December 1, 2018.