Petition for Divorce — Contested with Children
IN THE FAMILY COURT OF THE STATE OF DELAWARE, IN AND FOR [1. County] COUNTY
Case No: [2. Case Number]
[3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent.
Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Divorce against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:
Jurisdiction and Residency
Petitioner has been a bona fide resident of the State of Delaware for at least six (6) months immediately preceding the filing of this Petition, in accordance with 13 Del. C. § 1504. This Court has jurisdiction over the parties and the subject matter of this action.
Marriage Information
The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage].
There are [7. Number of Children] minor child(ren) born of or adopted during this marriage: [8. Children Names and Birthdates].
Grounds for Divorce
The parties have lived separate and apart from each other without interruption or cohabitation for a continuous period of at least six (6) months, in accordance with 13 Del. C. § 1505. The marriage has broken down irretrievably, and a divorce should be granted.
Custody and Parenting Time
The parties are unable to agree on legal or physical custody of the minor child(ren). Petitioner requests that the Court award custody and establish a parenting plan in accordance with the best interests of the child(ren) under 13 Del. C. § 722. Relevant facts include: [9. Custody Dispute Facts]
Child Support
The parties are unable to agree on child support. Petitioner requests that the Court order child support in accordance with the Delaware Child Support Guidelines (Melson Formula), as set forth in 13 Del. C. § 514. Relevant facts include: [10. Child Support Facts]
Medical, Dental, and Childcare Expenses
Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be allocated as follows, or as the Court determines equitable: [11. Medical and Childcare Terms]
Property and Debt Division
The parties are unable to agree on the division of their marital property, assets, and debts. Petitioner requests that the Court equitably divide the parties' marital property and debts. The relevant marital assets and liabilities include: [12. Property and Debt Description]
Alimony
The parties are unable to agree on alimony. Petitioner requests that the Court award alimony as the Court deems equitable under 13 Del. C. § 1512. Relevant facts include: [13. Alimony Facts]
Request for Relief
WHEREFORE, Petitioner respectfully requests that this Court:
(a) grant a Decree of Divorce dissolving the marriage of the parties;
(b) determine legal and physical custody and establish a parenting plan in the best interests of the minor child(ren);
(c) order child support in accordance with the Melson Formula;
(d) equitably divide the parties' marital property and debts;
(e) award alimony as the Court deems equitable;
(f) restore Petitioner's former name of [14. Former Name], if requested; and
(g) grant such other and further relief as the Court deems just and proper.
Dated: [15. Date of Signing]
Verification
I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
Executed this [16. Execution Date] day of [17. Execution Month, Year], at [18. City and State of Execution].