Delaware law requires that a petition for divorce contain: the correct caption; the age, occupation, residence, and length of residency of both parties; the address where mail is most likely to be received by the respondent, or documentation that reasonable diligence was used to obtain the address; the date of the marriage; the place where the marriage was registered; the names, ages and addresses of all living children of the marriage; a statement as to whether the wife is pregnant; whether there have been other matrimonial proceedings and how they were disposed; an allegation that the marriage is irretrievably broken; any other relevant facts and; the relief sought. There are additional requirements if there is likely to be a jurisdictional issue over the respondent or if the respondent is a foreign national. (Delaware Statutes Title 13, Chapter 15, Section 1507).
If there are living children of the marriage, the petitioner must also file an affidavit that shows that the petitioner has read and understands all of the following children’s rights including: the right to a continuing relationship with both parents; the right to be treated as a unique human being with feelings and desires; the right to continuing care and guidance from both parents; the right to know and appreciate what is good in both parents without one parent degrading the other parent; the right to express love, appreciation and respect for both parents; the right to know that the divorce was not because of the child; the right not to be the source of argument between the parents; the right to honest answers about the changing family relationship; the right to regular and consistent contact with both parents with explanations for delays and cancellations and the right to have a relaxed and secure relationship with both parents without being used to manipulate one parent against another. (Delaware Statutes Title 13, Chapter 15, Section 1507)
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified divorce lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local divorce attorney to discuss your specific legal situation.