Last updated: 3/19/2020
Rule 52(D) Ancillary Pretrial Stipulation {466}
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Description
Form 466 Rev 3/17 The Family Court of the State of Delaware In and For New Castle County Kent County Sussex County RULE 52(D) ANCILLARY PRETRIAL STIPULATION Petitioner Name v. Respondent Name Case Name Street Address (including Apt) P.O. Box Number City/State/Zip Code Phone Attorney Name E-Mail Address FAX Number D.O.B. Street Address (including Apt) P.O. Box Number City/State/Zip Code Phone Attorney Name E-Mail Address FAX Number D.O.B. File Number Petition Number Date of Marriage Date of Separation Date of Divorce Petitioner Employer Name Years Employed v. Respondent Employer Name Years Employed Employer Address Employer Address Position or Occupation Position or Occupation Current Annual Income Current Annual Income If you have remarried, indicate date of marriage If you have remarried, indicate date of marriage -1- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 Names and dates of birth of minor children of the parties. Indicate with whom the child(ren) reside: Mother (M); Father (F), Shared (S). Name D.O.B. Resides with M M M M M M Names and dates of birth of any adult children residing with either party. Indicate whether the child is enrolled in school. Name D.O.B. F F F F F F S S S S S S Enrolled in School Y Y Y Y Y Y N N N N N N Date of settlement meeting: * Date of pretrial conference: Date and time of ancillary hearing: *or reason why not held Jurisdiction has been retained for the following: Property Alimony Division Counsel Court Costs Fees Percentage Distribution Requested: Petitioner: Respondent: A. HOUSEHOLD BELONGINGS Yes No Have household belongings been divided? B. PENSIONS Have qualified domestic relations orders (QDROs) or pension allocation orders been prepared for all marital pension Yes No plans? C. ISSUES IN AGREEMENT 1. List marital assets and their specific values: ASSETS AMOUNT -2- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 2. List marital debts to be shared and their specific balances: DEBTS AMOUNT 3. State the annual incomes which the parties agree should be attributed to each party: Petitioner: $ Respondent: $ 4. State other issues in agreement: D. ISSUES IN DISPUTE 1. List the marital assets in dispute and state each party's position: ASSETS/AMOUNT PETITIONER'S POSITION RESPONDENT'S POSITION 2. List the debts in dispute and state each party's position: DEBTS/AMOUNT PETITIONER'S POSITION RESPONDENT'S POSITION -3- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 3. If either party's income is in dispute, state the basis of each party's position PETITIONER'S POSITION RESPONDENT'S POSITION 4. State other issues in dispute and each party's position: ISSUE PETITIONER'S POSITION RESPONDENT'S POSITION E. WITNESSES List the witness(es) you expect to call and the reason for their testimony. Other witnesses will be permitted To testify only with Court approval: PETITIONER'S WITNESS(ES) Name of Witness Reason for Testimony RESPONDENT'S WITNESS(ES) Name of Witness Reason for Testimony F. OTHER RELEVANT CIRCUMSTANCES List any other relevant considerations (including factors listed in Title 13, Section 1513 of the Delaware Code, such as extraordinary or dissipation by a party, exceptional gifts, or non-marital assets): PETITIONER RESPONDENT -4- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 G. ALIMONY If alimony is requested, the party seeking alimony is to complete the following: 1. Have you cohabitated with another adult since separation? If Yes, include date or dates of cohabitation: 2. Amount of monthly child support received from either party: If pursuant to an Order, date of Order: Interim Order 3. 4. Amount of monthly alimony: Date of Order: Final Order Yes No Reasons party is dependent. If health is at issue, identify the supporting evidence to be presented at trial: 5. Attach a list of your CURRENT and PROPOSED expenses in the form on pages 9 and 10 of the Rule 16(c) Financial Report. H. PROPOSED REASONS Pursuant to Title 13, Section 15413 of the Delaware Code, the Court, in dividing the marital property and Allocating the marital debts, must consider the following factors: 1. The length of the marriage; PETITIONER'S POSITION RESPONDENT'S POSITION 2. Any prior marriage of the party; PETITIONER'S POSITION RESPONDENT'S POSITION -5- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 3. The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; PETITIONER'S POSITION RESPONDENT'S POSITION 4. Whether the property award is in lieu of or in addition to alimony; PETITIONER'S POSITION RESPONDENT'S POSITION 5. The opportunity of each for future acquisitions of capital assets and income; PETITIONER'S POSITION RESPONDENT'S POSITION 6. The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker or spouse; PETITIONER'S POSITION RESPONDENT'S POSITION -6- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 7. The value of the property set apart to each party; PETITIONER'S POSITION RESPONDENT'S POSITION 8. The economic circumstances of each party at the time of the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of the marriage will live; PETITIONER'S POSITION RESPONDENT'S POSITION 9. Whether the property was acquired by gift, except those gifts excluded by Title 13, Section 1513(b)(1) of the Delaware Code; PETITIONER'S POSITION RESPONDENT'S POSITION 10. The debts of the parties; PETITIONER'S POSITION RESPONDENT'S POSITION -7- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 11. Tax consequences; PETITIONER'S POSITION RESPONDENT'S POSITION I. ESTIMATED TRIAL TIME RESPONDENT'S Estimated Trial Time: PETITONER'S Estimated Trial Time: J. OTHER Attach a "Wright Chart" and a proposed form of Order. State any other stipulations below: -8- American LegalNet, Inc. www.FormsWorkFlow.com Form 466 Rev 3/17 The litigants are hereby bound in the ancillary proceedings by the stipulations made above, absent a showing of good cause and amended Court Order and have an affirmative duty to provide the Court with any material change in information. At the Court's discretion, the parties may be required to amend, resubmit or supplemen
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