Petition for Divorce or Annulment

The Family Court of the State of Delaware
Petition for Divorce/Annulment

In and For New Castle Kent Sussex County

SECTION I – PETITION FOR DIVORCE/ANNULMENT

GENERAL INFORMATION

1. Residency / military / civil union jurisdiction:

a. I have 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 my spouse currently resides, permits affirmatively by law a divorce/annulment proceeding to be brought there. Yes No

2. My date of birth is

3. My occupation is

4. Spouse residency / military / prior Delaware residence:

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. Neither my spouse nor I have ever lived in Delaware Yes No

I (Petitioner) AND/OR my spouse (Respondent) last lived in , Delaware.

5. My spouse’s date of birth is

6. My spouse’s occupation is

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:

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.

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.

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

Embassy address:

My spouse resided in a foreign country within two years prior to my filing the petition; he/she resided in

9a. My spouse and I were married/entered into a civil union on the following date:

9b. The place of my marriage/civil union was

10. My spouse and I separated on the following date

11. Check and complete all that apply:

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.

12. Check one 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.

Either my spouse or I have filed for divorce or annulment against the other before the date of filing of this petition.

SECTION II - DIVORCE

13. I want to get a DIVORCE because the following statements are true. (Check both statements to acknowledge that they are true.)

My marriage is irretrievably broken.

Reason(s) for separation (check all that apply):

Incompatibility between the parties.

Misconduct of my spouse.

My spouse’s mental illness.

Voluntary separation.

AND

14. Reconciliation (getting back together) with my spouse is not probable.

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.

I relied upon a fraudulent act or misrepresentation.

Duress.

Jest or dare.

It has been exactly one year (365 days) or less since the following occurred:

Inability to consummate marriage/civil union.

We did not have the consent of parents.

SECTION IV – RELIEF REQUESTED

(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 and Respondent 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:

Property Division

Alimony

Counsel Fees

Court Costs

Change my name to

Incorporate our Separation Agreement

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:

I would like the Court to proceed without a hearing and decide my Petition based solely on the papers that I file.

I would like to attend a hearing and have my Petition decided by a Commissioner at that hearing.

VERIFICATION

STATE OF DELAWARE )

) SS.

COUNTY )

BE IT REMEMBERED, that on this date, , personally appeared before me a 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.