Delaware Divorce Petition Form

In the case of wanting to initiate a divorce process in the State of Delaware, the following form has to be completed and submitted.

Extracted Text for Proper Search

Form 442 
(Rev. 11/10) 
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	   	 Street Address	     	      	
             	   	 P.O. Box Numbe	r   P.O. Box Numbe	r	
             	        Petition Number 	
 Cit	y/State/ Zip Code                       Cit	y/State/Zip Code             	    	      	
               
   SSN 	   SSN 	  	         	  	 Attorney Name   Attorney Name 
     	 	      	
 
SECTION I – PETITION FOR DIVORCE/ANNULMENT 	
GENERAL INFORMATION 	
 	
1.  I have lived in Delaware for at least six consecutive months before I filed this petition. 	 yes  	 no	. 	
2.  I have lived in Delaware from 	      	to 	      	. 	                                                                                       (MM/DD/YY)                                (MM/DD/YY)  
3.  My date of birth is  	      	. 	
                               	 (MM/DD/YY)	                          	
4.  My occupation is  	       	. 	
5.  My spouse has lived in Delaware for at least six consecutive months before I filed this petition. 	 yes  	 no. 
6.  My spouse has lived in Delaware from 
     	
      	to 	      	. 	                                                                                                         (MM/DD/YY)                                 (MM/DD/YY)  
7.  My spouse’s date of birth is  	      	. 	                                                                              (MM/DD/YY)  	
8.  My spouse’s occupation is  	       	. 	
9.  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 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.   
10. My spouse’s citizenship is described below.  (CHECK ALL THAT APPLY	
) 	
   My spouse is a citizen of the United States of America. 
 
 
 	
If a hearing is scheduled in this matter, will Petitioner need an interpreter? 	 Yes (If yes, specify language       
) 	 No 
If a hearing is scheduled in this matter, will Respondent need an interpreter? 	 Yes (If yes, specify language       
) 	 No

Form 442 
(Rev. 11/10) 
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   My spouse is not a citizen 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 is: 
                                 (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 county in which 
My spouse resided is:     
                                 (NAME OF EMBASSY)                                        (STREET ADDRESS)                                        (CITY)                                             (STATE)      (ZIP CODE) 	
11.  My spouse and I were married on the following date	      	                                  (MM/DD/YY) 	
12.  The place of my marriage was 	      	      	 
13.  My spouse and I separated on the following date 	
      	         (MM/DD/YY) 	
14.   Check and complete ALL that apply for the following: 	
  Wife IS currently pregnant  
  Wife is NOT currently pregnant. 
  We have children of the marriage (born or adopted) who either are younger than 18 years 
old or are 18 years old and still in high school.  (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) 
                    
                    
                    
                    
                    
                    
 
15. 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.	
 
 	
TYPE OF 
ACTION  
PERSON  
STATE  
COUNTY  
COURT  
DATE  
RESULT 
(divorce or 
annulment) who filed the action 
(myself or my spouse) the action 
was filed  the action 
was filed the action was filed 
in the action 
was filed of the action

Form 442 
(Rev. 11/10) 
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SECTION II - DIVORCE 	
  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 as 
husband and wife and our marital 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  	
 	
  RECONCILIATION (GETTING BACK TOGETHER) WITH MY SPOUSE IS NOT PROBABLE.

Form 442 
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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.  My spouse did not have 
the legal capacity to agree to the marriage 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 and HOW and WHEN you learned of these 
circumstances.	
  	
      	
 	
  I RELIED UPON A FRAUDULENT ACT OR MISREPRESENT-ATION.  I married my spouse 
because of a fraudulent act or misrepresentation by my spouse AND that act goes to the essence of 
the marriage.  Describe the fraudulent act or misrepresentation and HOW and WHEN you learn of the 
act.
  	
      	
 	
  DURESS.  One of the parties married 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 because of a jest or dare.  Describe the jest or 
dare and    HOW and WHEN you learned of the jest or dare.

Form 442 
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AND/OR 
 
It has been exactly one year (365 days) or less since the following occurred: 	
  INABILITY TO CONSUMMATE MARRIAGE  I learned that my spouse lacked the physical ability 
to have sexual intercourse and I did not know this before we got married.  Describe HOW and WHEN 
you learned that of the inability to consummate the marriage.	
  	
      	
 	
  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 or annulling the marriage. 	
 
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 marital 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    
until the divorce is final)                                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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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/YY) 	
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, 
 
 
 	
Notary Public or Clerk of Court