If you're considering getting a divorce in Delaware, you'll need to familiarize yourself with the divorce forms required by the state. Delaware divorce forms can be complicated, so it's important to understand what you're filling out and why. In this article, we'll break down the different types of Delaware divorce forms and explain what information you need to provide.
- Petition for Divorce
The first form you'll need to fill out is the Petition for Divorce. This form is used to initiate the divorce process and must be filed with the Family Court in the county where you or your spouse resides.
The Petition for Divorce will ask for basic information about you and your spouse, such as your names, addresses, and dates of birth. You'll also need to indicate whether you're seeking a fault or no-fault divorce.
If you're seeking a fault divorce, you'll need to provide evidence of the grounds for divorce, such as adultery or cruelty. If you're seeking a no-fault divorce, you'll need to state that the marriage is irretrievably broken.
- Family Court Information Sheet
The Family Court Information Sheet is a form that provides basic information about you, your spouse, and your children. This form is required in all divorce cases and must be filed with the Petition for Divorce.
The Family Court Information Sheet will ask for information such as your Social Security number, your current employer, and your income. You'll also need to provide information about your spouse's income and employment.
If you have children, you'll need to provide their names, dates of birth, and current addresses. You'll also need to indicate which parent will have primary custody of the children.
- Praecipe
A Praecipe is a form that is used to request a hearing or other action from the court. In a divorce case, a Praecipe is often used to request a hearing for temporary orders, such as child support or spousal support.
You'll need to provide specific information about the relief you're seeking, such as the amount of child support you're requesting or the duration of spousal support.
- Affidavit of Income and Expenses
The Affidavit of Income and Expenses is a form that provides detailed information about your income, expenses, and assets. This form is used to help the court determine issues such as child support and spousal support.
You'll need to provide information about your income from all sources, including your job, investments, and any government benefits. You'll also need to provide information about your expenses, such as rent or mortgage payments, utilities, and groceries.
If you own any property or have any debts, you'll need to provide information about those as well. The Affidavit of Income and Expenses is a detailed form, so it's important to take your time and provide accurate information.
- Child Support Calculation
If you have children and are seeking child support, you'll need to fill out a Child Support Calculation form. This form is used to calculate the amount of child support that will be paid by the non-custodial parent.
To fill out the Child Support Calculation form, you'll need to provide information about your income, your spouse's income, and the number of children you have. You'll also need to provide information about any work-related childcare expenses or health insurance premiums.
The Child Support Calculation form can be complicated, so it's a good idea to seek the advice of an attorney or use an online child support calculator to ensure that you're providing accurate information.
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