Petition For Divorce Or Annulment - General Information {442}

Form 442 Rev 10/13 The Family Court of the State of Delaware In and For Petitioner Name Street Address (including Apt) New Castle Name Kent Sussex County Court Use Only: File Number v. Respondent Street Address (including Apt) P.O. Box Number City/State/ Zip Code P.O. Box Number Petition Number City/State/Zip Code Attorney Name Attorney Name Interpreter needed? Language Yes No Interpreter needed? Language Yes No 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, (Name of Spouses State) , permits affirmatively by law a Yes No divorce/annulment proceeding to be brought there. 2. 3. 4. My date of birth is (MM/DD/YYYY) . . My occupation is 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.) Yes No Neither my spouse nor I have ever lived in Delaware I (Petitioner) AND/OR my spouse (Respondent) last lived in County , Delaware. 5. 6. 7. My spouse's date of birth is (MM/DD/YYYY) . . My spouse's occupation is My spouse is most likely to receive mail at the following location. (check one) 1 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 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 my spouse resided in: (NAME OF EMBASSY) (name of country).The embassy address of the country in which (STREET ADDRESS) (CITY) (STATE) (ZIP CODE) 9a. 9b. My spouse and I were married/entered into a civil union on the following date (MM/DD/YYYY) The place of my marriage civil union was (MM/DD/YYYY) 10. My spouse and I separated on the following date 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) (First, Middle, Last) DATE OF BIRTH (Month, Day, Year) ADDRESS OF CHILD(REN) (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. 2 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 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 (divorce or annulment) PERSON who filed the action (myself or my spouse) STATE the action was filed COUNTY the action was filed COURT the action was filed in DATE the action was filed RESULT of the action 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. 3 of 6 American LegalNet, Inc. www.FormsWorkFlow.com Form 442 Rev 10/13 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 perso