PETITION FOR DIVORCE (IRRETRIEVABLE BREAKDOWN)

State of Delaware

IN THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [NEW CASTLE / KENT / SUSSEX] COUNTY

IN RE: THE MARRIAGE OF

[PETITIONER FULL NAME],

Petitioner,

v.

[RESPONDENT FULL NAME],

Respondent.

CASE NO.: ________________

PETITION FOR DIVORCE

I. JURISDICTION AND RESIDENCY

1. Petitioner, [FULL LEGAL NAME], is [AGE] years of age, occupation: [OCCUPATION], and resides at [STREET ADDRESS], [CITY], [COUNTY] County, Delaware [ZIP CODE].

2. Petitioner has continuously resided in the State of Delaware for six (6) or more months immediately preceding the filing of this Petition, specifically since [MONTH/YEAR].

> 13 Del.C. § 1504(a) provides: "The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action."

3. Respondent, [FULL LEGAL NAME], is [AGE] years of age, occupation: [OCCUPATION IF KNOWN], and resides at [STREET ADDRESS], [CITY], [STATE] [ZIP CODE].

4. The address where it is most likely that mail will be received by Respondent is: [ADDRESS], [CITY], [STATE] [ZIP CODE].

☐ Petitioner has made reasonable efforts but cannot ascertain Respondent's current address.

II. MARRIAGE

5. Petitioner and Respondent were married on [DATE OF MARRIAGE] at [CITY], [STATE], and said marriage was registered in [COUNTY], [STATE].

6. A certified copy of the marriage certificate is available from [VITAL RECORDS OFFICE].

III. SEPARATION

7. Petitioner and Respondent separated on [DATE OF SEPARATION].

8. The parties have lived separate and apart since the date of separation.

9. ☐ The parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the filing of this Petition.

☐ [If cohabitating temporarily] The parties have resumed cohabitation temporarily but continue to live separate and apart as defined by 13 Del.C. § 1505(e).

IV. CHILDREN

10. [SELECT ONE:]

☐ No children were born of or adopted during this marriage.

☐ The following child(ren) were born of or adopted during this marriage:

11. ☐ Petitioner is currently pregnant. ☐ Respondent is currently pregnant. ☐ Neither party is pregnant.

12. ☐ All children currently reside with Petitioner.

☐ All children currently reside with Respondent.

☐ Children reside according to the following arrangement: [DESCRIBE]

V. GROUNDS FOR DIVORCE

13. The marriage is irretrievably broken and reconciliation is improbable.

> 13 Del.C. § 1505(a) provides: "The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable."

14. The marriage is characterized by:

☐ (1) Voluntary separation — The parties mutually agreed to separate and have lived apart since [DATE].

☐ (2) Separation caused by Respondent's misconduct — Respondent's misconduct, specifically [DESCRIBE BRIEFLY: e.g., adultery, abandonment, abuse], caused the separation.

☐ (3) Separation caused by Respondent's mental illness — Respondent suffers from mental illness which caused the separation.

☐ (4) Separation caused by incompatibility — The parties are incompatible and cannot live together as husband and wife.

15. There is no reasonable prospect of reconciliation between the parties.

VI. PROPERTY

16. The parties [own / do not own] real property. If applicable, the marital residence is located at: [ADDRESS], [CITY], [COUNTY] County, Delaware [ZIP CODE].

17. The parties have the following significant assets:

• [ ] Bank accounts: [DESCRIBE]
• [ ] Retirement accounts (401k, IRA, pension): [DESCRIBE]
• [ ] Vehicles: [DESCRIBE]
• [ ] Real property: [DESCRIBE]
• [ ] Household furnishings: [DESCRIBE]
• [ ] Other: [DESCRIBE]

18. The parties have the following outstanding debts:

• [ ] Mortgage(s): [DESCRIBE]
• [ ] Credit card debt: [DESCRIBE]
• [ ] Auto loans: [DESCRIBE]
• [ ] Student loans: [DESCRIBE]
• [ ] Other: [DESCRIBE]

19. ☐ The parties have entered into a Property Settlement Agreement dated [DATE], a copy of which is attached hereto as Exhibit A.

☐ The parties have not yet resolved issues of property division.

VII. ALIMONY

20. ☐ Petitioner waives any claim for alimony.

☐ Petitioner requests alimony from Respondent in the amount of $_______ per month for _______ years.

☐ The issue of alimony is reserved for later determination.

VIII. CHILD CUSTODY AND SUPPORT (IF APPLICABLE)

21. If there are children of the marriage:

☐ Petitioner requests sole legal and physical custody.

☐ Petitioner requests joint legal custody with primary physical custody to [Petitioner / Respondent].

☐ The parties have entered into a Custody/Visitation Agreement dated [DATE], attached as Exhibit B.

☐ Custody issues are reserved for later determination.

22. Child support shall be determined in accordance with the Delaware Child Support Formula, 13 Del.C. § 513.

IX. NAME CHANGE

23. ☐ Petitioner desires to restore [her/his/their] former name of: [FORMER NAME].

☐ Petitioner does not seek a name change.

X. FOREIGN NATIONAL NOTICE (IF APPLICABLE)

24. ☐ Respondent is a foreign national or has resided in a foreign country within 2 years prior to the filing of this Petition.

If applicable, the address of a representative of such foreign country in the United States is: [ADDRESS]

XI. PRIOR PROCEEDINGS

25. ☐ No prior proceedings for divorce, annulment, or separate support have been filed by either party.

☐ Prior proceedings were filed in: [COURT], [COUNTY], [STATE], Case No.: [NUMBER], which was [DISPOSITION].

XII. ATTORNEY FEES

26. ☐ Petitioner requests that Respondent contribute to Petitioner's attorney fees.

☐ Each party shall bear their own attorney fees.

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

A. Enter a decree of divorce dissolving the marriage on the ground that it is irretrievably broken;

B. Equitably divide the marital property and debts;

C. [IF APPLICABLE] Award custody of the minor child(ren) to [Petitioner / jointly];

D. [IF APPLICABLE] Order child support in accordance with Delaware law;

E. [IF APPLICABLE] Award alimony to Petitioner;

F. [IF APPLICABLE] Restore Petitioner's former name;

G. Grant such other and further relief as the Court deems just and proper.

VERIFICATION

STATE OF DELAWARE

[COUNTY] COUNTY

I, [PETITIONER FULL NAME], being duly sworn according to law, upon my oath depose and say:

I am the Petitioner in the above-captioned matter. I have read the foregoing Petition for Divorce and know the contents thereof. The facts alleged therein are true to the best of my knowledge, information, and belief. I make this Verification in support of the Petition and for no improper purpose.

I understand that false statements made in this document are punishable under 11 Del.C. § 1233 (Perjury), a class A misdemeanor, which may result in imprisonment of up to one year and/or a fine of up to $2,300.

________________________________

[PETITIONER SIGNATURE]

[PRINTED NAME]

[DATE]

AFFIDAVIT OF NON-MILITARY SERVICE

I, [PETITIONER FULL NAME], hereby state under oath:

1. I am the Petitioner in this action.

1. To the best of my knowledge and belief, Respondent [IS / IS NOT] a member of the armed forces of the United States.

1. If Respondent is in military service, [STATE ADDITIONAL INFORMATION OR INDICATE "N/A"].

1. If Respondent is in military service, the Servicemembers Civil Relief Act (50 U.S.C. § 3931) may apply.

________________________________

[PETITIONER SIGNATURE]

[DATE]

CERTIFICATE OF SERVICE

I, [PETITIONER FULL NAME], hereby certify that on [DATE], I served a true copy of the within Petition for Divorce upon:

[RESPONDENT FULL NAME]

[RESPONDENT ADDRESS]

[CITY, STATE ZIP]

By the following method:

☐ Certified Mail, Return Receipt Requested

☐ First Class Mail and Certified Mail

☐ Personal Service by Sheriff

☐ Personal Service by Private Process Server

☐ [OTHER METHOD PERMITTED BY COURT RULES]

________________________________

[PETITIONER SIGNATURE]

[DATE]

FILING INSTRUCTIONS

Where to File

File this Petition with the Family Court of the State of Delaware in the county where you reside:

Filing Fee: Approximately $165 (check with the specific court for current fee)

Payment Methods: Cash, money order, certified check, or credit card

Required Documents to File

1. Original Petition for Divorce (this document)
2. Verification (signed and notarized)
3. Affidavit of Non-Military Service
4. Family Court Civil Cover Sheet
5. Filing fee payment
6. [IF CHILDREN] Affidavit of Custody Jurisdiction
7. [IF PROPERTY] Financial Report Form

After Filing

1. The Court will assign a case number
2. You must serve the Respondent with a copy of the Petition
3. Respondent has 20 days to file an Answer (30 days if served by publication)
4. If Respondent does not answer, you may request a default hearing
5. The Court will schedule a hearing date

Timeline

• Minimum waiting period: 30 days after service before final hearing
• Uncontested: Typically 60-90 days from filing to final decree
• Contested: 6-18+ months depending on complexity

Resources

• Delaware Family Court: courts.delaware.gov/family
• Delaware Legal Help: deleghelp.org
• Community Legal Aid Society: declasi.org | 302-575-0660
• Legal Services Corporation of DE: lsccd.org | 302-658-8856

Jurisdiction-correct document templates. Not legal advice.

Document Version: DE-DIV-2026-01

Last Updated: March 2026