Petition For Divorce Or Annulment - General Information
Petition For Divorce Or Annulment - General Information Form. This is a Delaware form and can be use in Family Court Statewide.
Tags: Petition For Divorce Or Annulment - General Information, 442, Delaware Statewide, Family Court
Form 442 Rev 10/13 The Family Court of the State of Delaware In and For New Castle Petitioner Kent Sussex County v. Respondent Court Use Only: Name Name Street Address (including Apt) Street Address (including Apt) P.O. Box Number P.O. Box Number City/State/ Zip Code City/State/Zip Code Attorney Name Attorney Name File Number Petition Number Interpreter needed? Yes No Interpreter needed? Language Yes No Language SECTION I – PETITION FOR DIVORCE/ANNULMENT GENERAL INFORMATION 1. a. I have have not lived in Delaware for at least six consecutive months before I filed this petition. If yes, from to . OR b. I have been stationed in Delaware as a member of the military for at least 6 months before I filed this petition. Yes No If yes, from to . OR c. Neither my spouse nor I currently reside in Delaware but we entered into a civil union in Delaware AND neither the jurisdiction where I currently reside, , nor where (Name of State) my spouse currently resides, , permits affirmatively by law a (Name of Spouses State) divorce/annulment proceeding to be brought there. 2. My date of birth is Yes No . (MM/DD/YYYY) 3. 4. My occupation is . a. My spouse has lived in Delaware for at least six consecutive months before I filed this petition Yes No If yes, from to . OR b. My spouse has been stationed in Delaware as a member of the military for at least 6 months before I filed this petition. Yes No If yes, from to . c. (Must Answer if you have answered 1c.) Yes No Neither my spouse nor I have ever lived in Delaware I (Petitioner) AND/OR my spouse (Respondent) last lived in , Delaware. County 5. My spouse’s date of birth is . (MM/DD/YYYY) 6. My spouse’s occupation is . 7. My spouse is most likely to receive mail at the following location. (check one) 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 My spouse’s home address as described above. The following address that is different from the address above: (STREET ADDRESS) (P.O. BOX NUMBER) (CITY) (STATE) (ZIP CODE) My spouse lives out of state. It is unlikely that my spouse can be personally served. My spouse should be served by mail and/or publication of notice AT MY EXPENSE, as provided by Title 13, section 1508 of the Delaware Code. I do not know where my spouse receives mail. It is unlikely that my spouse can be personally served. My spouse should be served by publication of notice AT MY EXPENSE, as provided by Title 13, section 1508 of the Delaware Code. 8. My spouse’s citizenship is described below. (CHECK ALL THAT APPLY) My spouse is a citizen of the United States of America. My spouse is not a citizen of the United States of America; he/she is a citizen of (name of country). The embassy address of the country in which my spouse is a citizen of: (NAME OF EMBASSY) (STREET ADDRESS) (CITY) (STATE) (ZIP CODE) My spouse resided in a foreign country within two years prior to my filing the petition; he/she resided in my spouse resided in: (name of country).The embassy address of the country in which (NAME OF EMBASSY) 9a. (STREET ADDRESS) (CITY) (STATE) (ZIP CODE) My spouse and I were married/entered into a civil union on the following date (MM/DD/YYYY) 9b. The place of my marriage civil union was 10. My spouse and I separated on the following date (MM/DD/YYYY) 11. Check and complete ALL that apply for the following: Neither party is currently pregnant. is currently pregnant. We have living children of the marriage/civil union (born or adopted) up to the age of 17, so a parent education course must be completed. (If you check this box, list the children below. Attach additional sheets if necessary.) NAME OF CHILD(REN) (First, Middle, Last) DATE OF BIRTH (Month, Day, Year) ADDRESS OF CHILD(REN) (Street Address, City, State, Zip Code) 12. Check ONE and complete as directed concerning prior matrimonial proceedings. I have not brought an action for divorce or annulment in any court against this spouse AND to the best of my knowledge, information and belief, my spouse has not brought an action for divorce or annulment against me in any court. 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 Either my spouse or I have filed for divorce or annulment against the other before the date of filing of this petition. If you check this box, complete the table below. Attach additional sheets if necessary. TYPE OF ACTION PERSON STATE COUNTY COURT DATE RESULT (divorce or annulment) who filed the action (myself or my spouse) the action was filed the action was filed the action was filed in the action was filed of the action SECTION II - DIVORCE 13. I want to get a DIVORCE because the following statements are true. (Check BOTH the following statements to acknowledge that they are true.) MY MARRIAGE IS IRRETRIEVABLY BROKEN. My spouse and I separated for the following reason(s). (Check ALL that apply). INCOMPATIBILITY BETWEEN THE PARTIES My spouse and I cannot get along and our relationship is destroyed. MISCONDUCT OF MY SPOUSE Misconduct such as physical abuse, mental abuse, infidelity or abandonment has occurred. Describe the misconduct that occurred. MY SPOUSE’S MENTAL ILLNESS Describe your spouse’s mental illness including diagnosis and treating physician. VOLUNTARY SEPARATION My spouse and I have agreed to separate and end the marriage; AND 14. RECONCILIATION (GETTING BACK TOGETHER) WITH MY SPOUSE IS NOT PROBABLE. 3 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 SECTION III - ANNULMENT DO NOT COMPLETE THIS SECTION IF YOU WANT A DIVORCE I want to get an ANNULMENT because the following statements are true. (Check ALL that apply). It has been less than 91 days since one of the following occurred: MY SPOUSE LACKED CAPACITY TO CONSENT TO THE MARRIAGE/CIVIL UNION. My spouse did not have the legal capacity to agree to the marriage/civil union at the time of the ceremony, because of mental incapacity or the influence of alcohol, drugs or other incapacitating substances. Describe the circumstances that made your spouse unable to agree to the marriage/civil union and HOW and WHEN you learned of these circumstances. I RELIED UPON A FRAUDULENT ACT OR MISREPRESENTATION. I married/entered into a civil union with my spouse because of a fraudulent act or misrepresentation by my spouse AND that act goes to the essence of the marriage/civil union. Describe the fraudulent act or misrepresentation and HOW and WHEN you learned of the act. DURESS. One of the parties married/entered into the civil union because a person exercised duress over him/her. Describe how the duress occurred and HOW and WHEN you learned of the duress. JEST OR DARE. One of the parties got married/entered into civil union because of a jest or dare. Describe the jest or dare and HOW and WHEN you learned of the jest or dare. 4 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 AND/OR It has been exactly one year (365 days) or less since the following occurred: INABILITY TO CONSUMMATE MARRIAGE/CIVIL UNION I learned that my spouse lacked the physical ability to have sexual intercourse and I did not know this before we got married/entered into the civil union. Describe HOW and WHEN you learned that of the inability to consummate the marriage/civil union. WE DID NOT HAVE THE CONSENT OF PARENTS My spouse or I was underage when we married and we did not have the parents’ consent to get married. SECTION IV – RELIEF REQUESTED (WHAT YOU WANT THE COURT TO DO) (YOU MUST COMPLETE THIS SECTION WHETHER YOU WANT A DIVORCE OR AN ANNULMENT) I ask that the Family Court: A. Issue Summons directed to my spouse requiring my spouse to answer the Petition for Divorce/Annulment. B. Enter an Order (Decree) for Divorce/Annulment, thereby divorcing Petitioner (me) and Respondent (my spouse) from the bonds of matrimony/civil union or annulling the marriage/civil union. I also ask the Family Court to decide all the matters checked below. (Check what you want the Family Court to decide or to order. Some of the matters require an additional filing fee): Property Division (divide our property and/or debts) Court Costs (have my spouse pay me for my court costs for this action) Temporary Alimony (have my spouse pay me alimony until the divorce is final) Permanent Alimony (have my spouse pay me alimony after the divorce is final) Counsel fees (have my spouse pay me for my attorney fees for this action) Change my name to (must be maiden or former name) Incorporate our Separation Agreement (enforce your separation agreement) (If you want the Family Court to enforce your Separation Agreement, you MUST attach the original Separation Agreement signed by both parties and notarized AND the original Stipulation to Incorporate the Separation Agreement that also is signed by both parties and notarized). Sign here Petitioner (person who is filing this Petition) or Petitioner’s Attorney 5 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 TYPE OF DIVORCE PROCEEDING REQUESTED If my petition is uncontested by my spouse, I would like to proceed with my case in the following manner. Please see the Divorce/Annulment Instruction Packet for a detailed explanation of your options. I would like the Court to proceed without a hearing and decide my Petition for Divorce/Annulment based solely on the papers that I file. I would like to attend a hearing and have my Petition for Divorce/ Annulment decided by a Commissioner at that hearing. VERIFICATION STATE OF DELAWARE ) ) ) COUNTY SS. BE IT REMBERED, that on this date, , personally appeared before me a (MM/DD/YYYY) Notary Public for the State and County aforesaid, who, being duly sworn by me did depose and say that he/she is the PETITIONER in the above captioned action and that all of the facts set forth in the Petition for Divorce/Annulment are true and correct to the best of his/her knowledge and belief. Petitioner (person who is filing the Petition form Divorce/Annulment) SWORN TO AND SUBSCRIBED before me on aforesaid date, Clerk of Court or Notary Public 6 of 6 American LegalNet, Inc. www.FormsWorkFlow.com