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Fill and Sign the Stipulation Rule Form

Fill and Sign the Stipulation Rule Form

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Form 466 Rev 08/2018 The Family Court of the State of Delaware In and For New Castle County Kent County Sussex County ANCILLARY PRETRIAL STIPULATION Petitioner v. Respondent Petitioner v. Respondent - 1 -Name Name Case Name             Street Address (including Apt) Street Address (including Apt)                   P.O. Box Number P.O. Box Number File Number             City/State/Zip Code City/State/Zip Code                   Phone D.O.B. Phone D.O.B. Petition Number                         Attorney Name Attorney Name                   E-Mail Address E-Mail Address Date of Marriage             FAX Number FAX Number                   Date of Separation       Date of Divorce       Employer Name Years Employed Employer Name Years Employed                         Employer Address Employer Address             Position or Occupation Position or Occupation             Current Annual Income Current Annual Income             If you have remarried, indicate date of marriage If you have remarried, indicate date of marriage             Form 466 Rev 08/2018 Names and dates of birth of adult children of the parties. Indicate with whom the child(ren) reside: Mother (M), Father (F), Shared (S). Name D.O.B. Enrolled in School             Y N             Y N             Y N             Y N             Y N             Y N Date of settlement meeting*:       Jurisdiction has been retained for the following: Date of pretrial conference:       Property Division Alimony Date and time of ancillary hearing:             Counsel Fees Court Costs *or reason why not held:       Percentage Distribution Requested by: Petitioner       Respondent       A. ESTIMATED TRIAL TIME PETITIONER’S Estimated Trial Time:       RESPONDENT’S Estimated Trial Time:       B. HOUSEHOLD BELONGINGS Have household belongings been divided? Petitioner: Yes No Respondent: Yes No C. PENSIONS Have qualified domestic relations orders (QDROs) or pension allocation orders been prepared for all marital pension plans? Petitioner: Yes No Respondent: Yes No D. ISSUES IN AGREEMENT 1. List marital assets and their specific values: ASSETS AMOUNT COMMENTS                                                                                                                                                                   - 2 -Names and dates of birth of minor children of the parties. Indicate with whom the child(ren) reside: Mother (M), Father (F), Shared (S). Name D.O.B. Resides with             M F S             M F S             M F S             M F S             M F S             M F S Form 466 Rev 08/2018 2. List marital debts to be shared and their specific balances: DEBTS AMOUNT COMMENTS                                                                                                                                                                   3. State the annual incomes which the parties agree should be attributed to each party: Petitioner: $       Respondent: $       4. State other issues in agreement:        E. ISSUES IN DISPUTE 1. List the marital assets in dispute and state each party’s position: ASSETS / AMOUNT PETITIONER’S POSITION RESPONDENT’S POSITION       /                         /                         /                         /                         /                         /                         /                         /                         /                         /                   2. List the debts in dispute and state each party’s position: DEBTS / AMOUNT PETITIONER’S POSITION RESPONDENT’S POSITION       /                         /                         /                         /                         /                         /                         /                         /                         /                   3. If either party’s income is in dispute, state the basis of each party’s position: PETITIONER’S POSITION RESPONDENT’S POSITION                                                                                     4. State other issues in dispute and each party’s position: - 3 - Form 466 Rev 08/2018 ISSUE PETITIONER’S POSITION RESPONDENT’S POSITION                                                                                                                                                                                                                                                                               F. WITNESSES List the witness(es) you expect to call and the reason for their testimony. Other witnesses will be permitted to testify only with Court approval: PETITIONER’S WITNESS(ES) RESPONDENT’S WITNESSES(ES) Name of Witness Reason for Testimony Name of Witness Reason for Testimony                                                                         - 4 - Form 466 Rev 08/2018 G. OTHER RELEVANT CIRCUMSTANCES List any other relevant considerations (including factors listed in Title 13, Section 1513 of the Delaware Code , such as extraordinary or dissipation by a party, exceptional gifts, or non-marital assets): PETITIONER RESPONDENT                                                 H. ALIMONY If alimony is requested, the party seeking alimony is to complete the following: 1. Have you cohabitated with another adult since separation? Yes No 2. Amount of monthly child support received from either party:       3. Amount of monthly alimony: $       Date of Order:       4. Reasons party is dependent. If health is at issue, identify the supporting evidence to be presented at trial:        5. Use the Form 465 Ancillary Financial Disclosure Report to list your CURRENT and PROPOSED expenses, and attach to this form. I. PROPOSED REASONS Pursuant to Title 13, Section 15413 of the Delaware Code , the Court, in dividing the marital property and allocating the marital debts, must consider the following factors: 1. The length of the marriage; PETITIONER RESPONDENT             2. Any prior marriage of the party; PETITIONER’S POSITION RESPONDENT’S POSITION             3. The age, health, station, amount and sources of income, vocational skills, employability, estate, l iabilities and needs of each of the parties; PETITIONER’S POSITION RESPONDENT’S POSITION             4. Whether the property award is in lieu of or in addition to alimony; PETITIONER’S POSITION RESPONDENT’S POSITION             5. The opportunity of each for future acquisitions of capital assets and income; PETITIONER’S POSITION RESPONDENT’S POSITION             6. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker or spouse; PETITIONER’S POSITION RESPONDENT’S POSITION             7. The value of the property set apart to each party; - 5 - Form 466 Rev 08/2018 PETITIONER’S POSITION RESPONDENT’S POSITION             8. The economic circumstances of each party at the time of the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live; PETITIONER’S POSITION RESPONDENT’S POSITION             9. Whether the property was acquired by gift, except those gifts excluded by Title 13, Section 1513(b)(1) of the Delaware Code ; PETITIONER’S POSITION RESPONDENT’S POSITION             10. The debts of the parties; PETITIONER’S POSITION RESPONDENT’S POSITION             11. Tax consequences; PETITIONER’S POSITION RESPONDENT’S POSITION             J. OTHER Attach a “Wright Chart” and a proposed form of Order. State any other stipulations below:        - 6 - Form 466 Rev 08/2018 The litigants are hereby bound in the ancillary proceedings by the stipulations made above, absent a showing of good cause and amended Court Order and have an affirmative duty to provide the Court with any material change in information. At the Court’s discretion, the parties may be required to amend, resubmit or supplement the Ancillary Pretrial Stipulation. Failure to comply may result in the imposition of sanctions that may include, but are not limited to, dismissal of the ancillary matters with prejudice, fines, counsel fees and/or forfeiting the Ancillary Hearing date. At least seven days prior to the ancillary hearing, the parties shall exchange and premark all exhibits, with the exception of any exhibits which either party seeks to introduce solely for the purpose of impeaching the other party. Petitioner’s exhibits shall be premarked “P-_” and Respondent’s exhibits shall be premarked “R-_.” At the commencement of the Ancillary Hearing, the parties shall submit a stipulation of the matters about which they agree and the matters that remain at issue, and Qualified Domestic Relations Orders (“QDROs”) dividing any assets which either party proposes be divided by QDRO. PETITIONER RESPONDENT PETITIONER’S ATTORNEY RESPONDENT’S ATTORNEY DATE DATE IT IS SO ORDERED. JUDGE       DATE Date emailed/mailed: - 7 - Form 466 Rev 08/2018 WRIGHT v. WRIGHT CHART * Both Petitioner and Respondent must complete this Chart. * Completed by: Petitioner:       Respondent:       (Enter Name Here) (Enter Name Here) Date:       Attorney Name:       ASSETS       VALUE (Net) Petitioner Respondent       $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $       ASSET TOTAL $       $       $                   $       $             owes       $       on Assets. - 1 - Form 466 Rev 08/2018 WRIGHT v. WRIGHT CHART Completed by: Petitioner:       Respondent:       (Enter Name Here) (Enter Name Here) Date:       Attorney Name:       DEBTS * (* Subject to documentation) VALUE (Net) Petitioner Respondent       $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $             $       $       $       DEBT TOTAL $       $       $                   $       $             owes       $       on Debts. Total Payment by       to       of $       . - 2 - Form 466 Rev 08/2018 WRIGHT v. WRIGHT CHART Completed by: Petitioner:       Respondent:       (Enter Name Here) (Enter Name Here) Date:       Attorney Name:       TAX DEFERRED ASSETS              - 3 -

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