Answer To Petiton For Divorce-Annulment {448} | Pdf Fpdf Docx | Delaware

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Answer To Petiton For Divorce-Annulment {448} | Pdf Fpdf Docx | Delaware

Answer To Petiton For Divorce-Annulment {448}

This is a Delaware form that can be used for Family Court within Statewide.

Alternate TextLast updated: 4/4/2018

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Form 448 Rev 1/18 1 of 6 The Family Court of the State of Delaware In and For New Castle Kent Sussex County ANSWER TO PETITION FOR DIVORCE/ANNULMENT Petitioner v. Respondent The Respondent answers the Petition for Divorce/Annulment as follows: 1.A My spouse resided in Delaware for at least six consecutive months before filing this petition Admitted Denied. My spouse has lived in Delaware since N/A (mm/dd/yy) B My spouse was stationed in Delaware as a member of the military during the dates listed on the Petition for Divorce/Annulment. Admitted Denied for the following reason: N/A C Neither my spouse nor I currently reside in Delaware but we entered into a civil union in Delaware and neither the jurisidiction where I reside nor where my spouse current resides permits affirmatively by law a divorce/annulment proceeding to be brought there Admitted Denied for the following reason: N/A 2. My spouse222s date of birth is correctly stated on the Petition. Admitted Denied for the following reason: 3. My spouse has the occupation stated on the Petition. Admitted Denied for the following reason: 4.A I have resided in Delaware for at l east six consecutive months before the petition was filed. Admitted Denied. I have lived in Delaware since N/A (mm/dd/yy) B I was stationed in Delaware as a member of the military during the dates listed on the Petition for Divorce/Annulment Admitted Denied for the following reason: Name Name File Number Street Address . Street Address P.O. Box Number P.O. Box Number Petition Number City / State / Zip Code City / State / Zip Code Attorney Name Attorney Name American LegalNet, Inc. www.FormsWorkFlow.com Form 448 Rev 1/18 2 of 6 C Neither my Spouse nor I have ever lived in Delaware Admitted Denied. I lived in AND/OR my spouse lived in , Delaware. County 5. My date of birth is correctly stated on the Petition. Admitted Denied for the following reason: 6. I have the occupation stated on the Petition. Admitted Denied for the following reason: 7. I reside at the address stated on the Petition. Admitted Denied for the following reason: 8 My citizenship is properly described in the Petition. Admitted Denied. I am a citizen of Denied. I have resided in the following country(ies) in the past two years. 9a. My spouse and I were married/entered into a civil union on the date stated in the Petition. Admitted Denied for the following reason: 9b. My spouse and I were married/entered into a civil union at the location state d in the Petition. Admitted Denied for the following reason: 10. My spouse and I separated on the date stated in the Petition. Admitted Denied for the following reason: 11. The Petition correctly stated whether either party is pregnant. Admitted Denied for the following reason: The Petition correctly stated the names and addresses of all the children up to the age of 17 of the marriage/civil union. Admitted Denied for the following reason: 12. The Petition correctly described any prior divorce or annulment proceedings brought by the parties. Admitted Denied for the following reason: 1 3 . ONLY ANSWER THIS QUESTION IF YOUR SPOUSE REQUESTED A DIVORCE. My marriage/civil union is irretrievably broken Admitted Denied Incompatibility between the parties, if alleged by Petitioner Admitted Denied Misconduct, if alleged by the Petitioner Admitted Denied Mental Illness, if alleged by Petitioner Admitt ed Denied Voluntary separation, if alleged by Petitioner Admitted Denied If any of the above are denied. Please explain -AND- American LegalNet, Inc. www.FormsWorkFlow.com Form 448 Rev 1/18 3 of 6 14. Reconciliation with my spouse is not probable. Admitted Denied for the following reason: ONLY ANSWER THIS QUESTION IF YOUR SPOUSE REQUESTED AN ANNULMENT. The grounds for annulment are correctly stated on the Petition for Divorce/Annulment. Admitted Denied. The alleged ground for annulment did not occur. Denied. The alleged ground for annulment did not occur wi thin the timeframe stated on the Petition for Divorce/Annulment. I also ask that the Family Court 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. At the Court Hearing, you must prove why the Family Court should grant the relief that you check. If you do NOT want the Court to decide any of the below matters, do NOT check any of the boxes.) Property Division (divide our property and/or debts) Alimony (have my spouse pay me alimony after the divorce is final) Court Costs (have my spouse pay me for my court costs for this action) Counsel Fees (have my spouse pay me for my attorney fees for this action) C hange 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 in the presence of a notary AND the original Stipulation to Incorporate the Separation Agreement that is also signed by both parties in the presence of a notary.) Counterclaim for Divorce/Annulment You MUST complete pages 4 - 5 . Respondent SWORN TO AND SUBSCRIBED before me on this date, Notary Public or Clerk of Court AFFIDAVIT OF MAILING I affirm that a true and correct copy of this Answer to Petition for Divorce/Annulment was placed in the U.S. Mail on this date and sent to the Petitioner or the attorney address listed on the petition, being , first class postage pre - paid. Respondent SWORN TO AND SUBSCRIBED before me on this date, Notary Public or Clerk of Court American LegalNet, Inc. www.FormsWorkFlow.com Form 448 Rev 1/18 4 of 6 COUNTERCLAIM Only complete the following pages if you wish to file a counterclaim for divorce/annulment. Please see the instruction packet for more information. 1. I hereby re-allege all allegations set forth in the Petition, except as modified or denied by my Answer, and incorporate them herein by reference. 2. In addition, I want to get a divorce because the following statements are true (check both of the following statements): A. MY MARRIAGE/CIVIL UNION 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 SPOUSE222S MENTAL ILLNESS. Describe your spouse222s mental illness including diagnosis and treating physician. VOLUNTARY SEPARATION. My spouse and I have agreed to separate and end the marriage; AND B. RECONCILIATION (GETTING BACK TOGETHER) WITH MY SPOUSE IS NOT PROBABLE. 3. I ask that the Family Court: A. Issue a Summons directed to my spouse requiring my spouse to answer the Counterclaim for Divorce/Annulment. American LegalNet, Inc. www.FormsWorkFlow.com Form 448 Rev 1/18 5 of 6 B. Enter an Order (Decree) for Divorce, thereby divorcing Petitioner (me) and Respondent (my spouse) 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 after the divorce is final) Court Costs (have my spouse pay me for my court costs for this action) Counsel Fees (have my spouse pay me for my attorney fees for this action) Other ancillary relief allowed by statute 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). The Stipulation of Incorporation must be dated after the Petition for Divorce is filed.) Sign here Petitioner (person who is filing this Counterclaim) or Petitioner222s Attorney TYPE O

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