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Free Delaware Petition for Divorce or Annulment Form 442 - PDF Form Download

Delaware Petition for Divorce or Annulment Form 442 Overall rating: ☆☆☆☆☆ 0 based on 0 reviews
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To file for divorce in the State of Delaware you need to download and submit this form along with the other documents.


Delaware Petition for Divorce or Annulment Form 442

Text version of this form

———————– Page 1———————–
Form 442
(Rev. 10/12)

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 apartment) Street Address (including apartment)

P.O. Box Number P.O. Box Number
Petition Number

City/State/ Zip Code City/State/Zip Code

SSN SSN

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 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. 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 No
If 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 .

7. My spouse is most likely to receive mail at the following location. (check one)

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Form 442
(Rev. 10/12)
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 (name of country).The embassy address of the country in which
my 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) DATE OF BIRTH ADDRESS OF CHILD(REN)
(First, Middle, Last) (Month, Day, Year) (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.

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.
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———————– Page 3———————–
Form 442
(Rev. 10/12)

TYPE OF
ACTION PERSON STATE COUNTY COURT DATE RESULT
(divorce or who filed the action the action the action the action was filed the action of the action
annulment) (myself or my spouse) was filed was filed in was filed

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.

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———————– Page 4———————–
Form 442
(Rev. 10/12)

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.

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———————– Page 5———————–
Form 442
(Rev. 10/12)
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 Court Costs
(divide our property and/or debts) (have my spouse pay me for my court costs for this action)

Temporary Alimony Permanent Alimony
(have my spouse pay me alimony (have my spouse pay me alimony after the divorce is final)
until 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
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———————– Page 6———————–
Form 442
(Rev. 10/12)

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 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

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