Fill and Sign the Section I Petition for Divorceannulment Form

Form 442Rev 1/17 1 of 6 The Family Court of the State of Delaware In and For New Castle Kent Sussex County Petitioner v. Respondent Court Use Only: Name Name File Number Street Address (including Apt) Street Address (including Apt) P.O. Box Number P.O. Box Number Petition Number City/State/ Zip Code City/State/Zip Code Attorney Name A Attorney Name Interpreter needed? Yes No Interpreter needed? Yes No Language 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 NoIf yes, from to . ORc.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. Yes No 2.My date of birth is . (MM/DD/YYYY) 3.My occupation is .4.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 NoIf yes, from to .c.(Must Answer if you have answered 1c.)Neither my spouse nor I have ever lived in Delaware Yes No 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 . Form 442Rev 1/17 2 of 6 7. My spouse is most likely to receive mail at the following location (check one): 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 s p ouse liv e s o ut o f s ta te . I t is u nlik e ly t h at m y s p ouse c a n b e p ers o nally s e rv e d. My s p o use s h ould b e s e rv e d b y m ail a nd/o r p ublic a tio n o f n otic e A T M Y E XPEN SE, a s pro vid e d b y T it le 1 3, s e ctio n 1 508 o f t h e D ela w are C ode. I d o n ot k n ow w here m y s p ouse r e ce iv e s m ail . I t is u nlik e ly t h at m y s p ouse c a n b e pe rs o n ally s e rv e d. M y s p ouse s h ould b e s e rv e d b y p ublic a tio n o f n otic e A T M Y EXP EN SE, a s p ro vid ed b y T it le 1 3, s e ctio n 1 508 o f t h e D ela w are C ode. 8. My spouse’s citizenship is described below. (CHECK ALL THAT APPLY) My spouse is a citizen of the United States of America. M y s p ou se is n ot a c it iz e n o f t h e U nit e d S ta te s o f A m eric a ; h e/s h e is a c it iz e n o f (name of country). The embassy address of the country in whichmy 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 (name of country).The embassy address of the country in whichmy spouse resided in: ;;; (NAME OF EMBASSY) (STREET ADDRESS) (CITY) (STATE) (ZIP CODE)9a.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. Form 442Rev 1/17 3 of 6 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 STATECOUNTY COURT DATERESULT (divorce or annulment)who filed the action(myself or my spouse)the action was filed the action was filedthe action was filed inthe action was filedof 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. Form 442Rev 1/17 4 of 6 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. Form 442Rev 1/17 5 of 6 AND/ORIt 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)Alimony(Have my spouse pay me alimony during divorce proceedings and/or after the divorce is final)Counsel Fees(Have my spouse pay me for my attorney fees for this action)Court Costs(Have my spouse pay me for my court costs 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 attached 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 Form 442Rev 1/17 6 of 6 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 ) )SS. COUNTY ) 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 dulysworn 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