Legal Packet

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IN THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR [COUNTY] COUNTY

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In re the Marriage of:

[PETITIONER FULL NAME],

) Case No.: _______________

Petitioner,

and

[RESPONDENT FULL NAME],

) Filed: _______________

Respondent.

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PETITION FOR DIVORCE

(UNCONTESTED - IRRETRIEVABLY BROKEN)

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Petitioner [FULL NAME], being duly sworn, respectfully represents to the Court as

follows:

JURISDICTION AND RESIDENCY

1. Petitioner [FULL NAME] resides at [ADDRESS], [CITY], [COUNTY] County,

Delaware [ZIP], and has continuously resided in the State of Delaware for

more than six (6) months immediately preceding the commencement of this

action, as required by 13 Del.C. § 1504(a).

1. Respondent [FULL NAME] resides at [ADDRESS], [CITY], [STATE] [ZIP].

1. This Court has jurisdiction over this matter pursuant to 13 Del.C. § 1504(a),

which provides that "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."

MARRIAGE

1. Petitioner and Respondent were married on [DATE OF MARRIAGE] at [CITY],

[STATE], in a ceremony duly solemnized according to law.

1. The parties have been separated since [DATE OF SEPARATION].

CHILDREN

1. [ ] There are NO minor children born of this marriage, and Petitioner is

not currently pregnant.

[ ] The following minor child(ren) were born of this marriage:

1. Petitioner is [pregnant / not pregnant] at this time.

1. No other party has custody of any minor child, and no other custody

proceedings are pending in any other court.

GROUNDS FOR DIVORCE

1. The marriage is irretrievably broken and reconciliation is improbable, as

required by 13 Del.C. § 1505(a), which provides that "the Court shall enter

a decree of divorce whenever it finds that the marriage is irretrievably

broken and that reconciliation is improbable."

1. Under 13 Del.C. § 1505(b), a marriage is irretrievably broken where it is

characterized by:

[ ] Voluntary separation;

[ ] Separation caused by respondent's misconduct;

[ ] Separation caused by respondent's mental illness;

[ ] Separation caused by incompatibility.

1. The parties have experienced [voluntary separation / incompatibility] such

that the marriage has suffered an irremediable breakdown. There is no

reasonable expectation of reconciliation.

PROPERTY AND DEBTS

1. The parties have entered into a Separation and Property Settlement Agreement,

attached hereto as Exhibit A, which resolves all issues of property division,

debt allocation, and (if applicable) spousal support.

1. Under 13 Del.C. § 1513(a), marital property shall be "equitably divide[n],

distribute[d] and assign[ed] between the parties without regard to marital

misconduct, in such proportions as the Court deems just."

1. All marital property and debt have been divided by agreement of the parties

as set forth in the Separation and Property Settlement Agreement.

WAIVER OF SERVICE

1. Respondent has signed a notarized Affidavit of Consent / Acceptance of

Service, waiving formal service of process and consenting to the entry of

the divorce decree.

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a) Enter a decree of divorce dissolving the bonds of matrimony between the

parties on the grounds that the marriage is irretrievably broken;

b) Approve and incorporate the parties' Separation and Property Settlement

Agreement into the Final Decree of Divorce;

c) [IF CHILDREN:] Approve and incorporate the parties' Custody and Visitation

Agreement into the Final Decree;

d) Award costs of this proceeding as the Court deems just;

e) Grant such other and further relief as this Court deems just and proper.

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VERIFICATION

I, [PETITIONER FULL NAME], being duly sworn, declare under penalty of perjury

under the laws of the State of Delaware (11 Del.C. § 1221) that the foregoing

Petition for Divorce is true and correct to the best of my knowledge,

information, and belief.

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Signature of Petitioner

[PETITIONER FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

[EMAIL ADDRESS]

Subscribed and sworn to before me this ___ day of _____________, 20___.

_________________________________

Notary Public / Clerk of Court

My Commission Expires: _______________

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FILING INSTRUCTIONS

Court: Family Court of the State of Delaware

(File in the county where Petitioner resides)

NEW CASTLE COUNTY:

Family Court - New Castle County

500 North King Street, Suite 200

Wilmington, DE 19801

Phone: (302) 255-0300

Hours: Monday-Friday, 8:00 AM - 4:30 PM

KENT COUNTY:

Family Court - Kent County

400 Court Street

Dover, DE 19901

Phone: (302) 672-1000

Hours: Monday-Friday, 8:00 AM - 4:30 PM

SUSSEX COUNTY:

Family Court - Sussex County

22 The Circle, Suite 2

Georgetown, DE 19947

Phone: (302) 855-7400

Hours: Monday-Friday, 8:00 AM - 4:30 PM

Filing Fee: Approximately $75-$150 (verify current fee with clerk)

Fee Waiver: Request an "Application to Proceed In Forma

Pauperis" (IFP) from the clerk if you cannot afford the fee.

Required Documents: (1) Petition for Divorce (this document)

(2) Separation and Property Settlement Agreement (signed)

(3) Affidavit of Consent / Acceptance of Service from Respondent

(4) Vital Statistics Report (obtain from clerk)

(5) Proof of residency (driver's license or utility bill)

(6) IFP application (if requesting fee waiver)

Waiting Period: Delaware has no mandatory waiting period for uncontested

divorces. The Court will schedule a hearing after filing.

Service: If Respondent signs Affidavit of Consent, no formal service

required. Otherwise, arrange service via sheriff or certified

mail.

Copies: Bring 3 copies: original for court, copy for Respondent,

copy for yourself.

Hearing: Both parties may be required to appear briefly for the

uncontested hearing. The judge will confirm the marriage is

irretrievably broken and enter the decree.

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