Fill and Sign the Answer to Petition for Divorce Annulment Delaware Form

Form 448 Rev 1/18 The Family Court of the State of Delaware In and For New Castle Kent Sussex County ANSWER TO PETITION FOR DIVORCE/ANNULMENT Petitioner v. Respondent Name Name File Number             Street Address . Street Address                  P.O. Box Number P.O. Box Number             Petition NumberCity/State/Zip Code City/State/Zip Code             Attorney Name Attorney Name                   The Respondent answers the Petition for Divorce/Annulment as follows: 1.A My spouse resided in Delaware for at least six consecutive months before filing this petition Admitted Denied. My spouse has lived in Delaware since       N/A (mm/dd/yy) B My spouse was stationed in Delaware as a member of the military during the dates listed on the Petition for Divorce/Annulment. Admitted Denied for the following reason:       N/A C Neither my spouse nor I currently reside in Delaware but we entered into a civil union in Delaware and neither the jurisidiction where I reside nor where my spouse current resides permits affirmatively by law a divorce/annulment proceeding to be brought there Admitted Denied for the following reason:       N/A 2. My spouse’s date of birth is correctly stated on the Petition. Admitted Denied for the following reason:       3. My spouse has the occupation stated on the Petition. Admitted Denied for the following reason:       4.A I have resided in Delaware for at least six consecutive months before the petition was filed. Admitted Denied. I have lived in Delaware since       N/A (mm/dd/yy) B I was stationed in Delaware as a member of the military during the dates listed on the Petition for Divorce/Annulment Admitted Denied for the following reason:       C Neither my Spouse nor I have ever lived in Delaware 1 of 6 Form 448 Rev 1/18 Admitted Denied. I lived in AND/OR my spouse lived in       , Delaware. County 5. My date of birth is correctly stated on the Petition. Admitted Denied for the following reason:       6. I have the occupation stated on the Petition. Admitted Denied for the following reason:       7. I reside at the address stated on the Petition. Admitted Denied for the following reason:       8 My citizenship is properly described in the Petition. Admitted Denied. I am a citizen of       Denied. I have resided in the following country(ies) in the past two years.       9a. My spouse and I were married/entered into a civil union on the date stated in the Petition. Admitted Denied for the following reason:       9b. My spouse and I were married/entered into a civil union at the location stated in the Petition. Admitted Denied for the following reason:       10. My spouse and I separated on the date stated in the Petition. Admitted Denied for the following reason:       11. The Petition correctly stated whether either party is pregnant. Admitted Denied for the following reason:       The Petition correctly stated the names and addresses of all the children up to the age of 17 of the marriage/civil union. Admitted Denied for the following reason:       12. The Petition correctly described any prior divorce or annulment proceedings brought by the parties. Admitted Denied for the following reason:       13. ONLY ANSWER THIS QUESTION IF YOUR SPOUSE REQUESTED A DIVORCE. My marriage/civil union is irretrievably broken Admitted Denied Incompatibility between the parties, if alleged by Petitioner Admitted Denied Misconduct, if alleged by the Petitioner Admitted Denied Mental Illness, if alleged by Petitioner Admitted Denied Voluntary separation, if alleged by Petitioner Admitted Denied If any of the above are denied. Please explain             -AND- 14. Reconciliation with my spouse is not probable. 2 of 6 Form 448 Rev 1/18 Admitted Denied for the following reason:       ONLY ANSWER THIS QUESTION IF YOUR SPOUSE REQUESTED AN ANNULMENT. The grounds for annulment are correctly stated on the Petition for Divorce/Annulment. Admitted Denied. The alleged ground for annulment did not occur. Denied. The alleged ground for annulment did not occur within the timeframe stated on the Petition for Divorce/Annulment. I also ask that the Family Court 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. At the Court Hearing, you must prove why the Family Court should grant the relief that you check. If you do NOT want the Court to decide any of the below matters, do NOT check any of the boxes.) Property Division (divide our property and/or debts) Alimony (have my spouse pay me alimony after the divorce is final) Court Costs (have my spouse pay me for my court costs for this action) 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 in the presence of a notary AND the original Stipulation to Incorporate the Separation Agreement that is also signed by both parties in the presence of a notary.) Counterclaim for Divorce/Annulment You MUST complete pages 4-5. Respondent SWORN TO AND SUBSCRIBED before me on this date,       Notary Public or Clerk of Court AFFIDAVIT OF MAILING I affirm that a true and correct copy of this Answer to Petition for Divorce/Annulment was placed in the U.S. Mail on this date       and sent to the Petitioner or the attorney address listed on the petition, being       , first class postage pre-paid. Respondent SWORN TO AND SUBSCRIBED before me on this date,       Notary Public or Clerk of Court 3 of 6 Form 448 Rev 1/18 COUNTERCLAIM Only complete the following pages if you wish to file a counterclaim for divorce/annulment. Please see the instruction packet for more information. 1. I hereby re-allege all allegations set forth in the Petition, except as modified or denied by my Answer, and incorporate them herein by reference. 2. In addition, I want to get a divorce because the following statements are true (check both of the following statements): A. MY MARRIAGE/CIVIL UNION 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 B. RECONCILIATION (GETTING BACK TOGETHER) WITH MY SPOUSE IS NOT PROBABLE. 3. I ask that the Family Court: A. Issue a Summons directed to my spouse requiring my spouse to answer the Counterclaim for Divorce/Annulment. B. Enter an Order (Decree) for Divorce, thereby divorcing Petitioner (me) and Respondent (my spouse) or annulling the marriage/civil union. 4 of 6 Form 448 Rev 1/18 I also ask the Family Court to decide all the matters checked below. (C heck 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) Alimony (have my spouse pay me alimony after the divorce is final) Court Costs (have my spouse pay me for my court costs for this action) Counsel Fees (have my spouse pay me for my attorney fees for this action) Other ancillary relief allowed by statute 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). The Stipulation of Incorporation must be dated after the Petition for Divorce is filed.) Sign here Petitioner (person who is filing this Counterclaim) or Petitioner’s Attorney TYPE OF DIVORCE PROCEEDING REQUESTED COMPLETE THIS BOX ONLY IF YOU HAVE REQUESTED A COUNTERCLAIM If my counterclaim 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. A copy of this Answer and Counterclaim must be sent to the Petitioner AFFIDAVIT OF MAILING I affirm that a true and correct copy of this Answer to Petition for Divorce/Annulment was placed in the U.S. 5 of 6 Form 448 Rev 1/18 Mail on this date       And sent to the Petitioner or the attorney address listed on the petition, being       , first class postage pre-paid. Respondent SWORN TO AND SUBSCRIBED before me on this date,       Notary Public or Clerk of Court 6 of 6