INSTRUCTIONS: DELAWARE PETITION FOR DIVORCE/ANNULMENT (Form 442)

To initiate a divorce or annulment in the state of Delaware, you should file a petition for divorce/annulment. Form 442 can be obtained from the state's official government website. This form can be completed by you or a lawyer at any time, but must be signed before a clerk of court or a notary public.

Delaware Petition For Divorce/Annulment 442 Step 1: Section one, "General information," requires you to provide information about you and your spouse, including the length of your marriage and your addresses. Any children should be listed, along with their dates of birth and addresses.

Delaware Petition For Divorce/Annulment 442 Step 2: Section two should only be completed by those who are seeking divorce. If you are seeking an annulment, skip to step three. In this section, place a check mark next to the box which describes your reasons for seeking divorce. You may claim incompatability, misconduct or mental illness. The latter two require a written explanation. You may also note that this is a voluntary separation without an explanation. Check the box at the bottom of the page stating that you are unlikely to reconcile.

Delaware Petition For Divorce/Annulment 442 Step 3: Section three is only for people who are seeking an annulment. With a check mark, choose the reason why your marriage is invalid from the listed options and provide an explanation of how and when you learned your marriage was invalid.

Delaware Petition For Divorce/Annulment 442 Step 4: In section four, you should note what you want the court to do in addition to ordering a divorce or annulment. You may ask the court to rule on property division and who must pay legal fees, to order alimony fees, to validate a name change following a divorce, or to enforce a separation agreement. A copy of this agreement must be attached to the petition.

Delaware Petition For Divorce/Annulment 442 Step 5: Provide your signature at the bottom of page five.

Delaware Petition For Divorce/Annulment 442 Step 6: On page six, indicate if your divorce is uncontested. If so, you may request that divorce be resolved without a hearing.

Delaware Petition For Divorce/Annulment 442 Step 7: You or your attorney should sign or date the form before a licensed official.

DR-110 (9/08)