Guide to Delaware Divorce Records

Divorce laws and record-access rules vary by state. In Delaware, the Family Court's Public Access Policy governs access to divorce records and proceedings. Under this policy, court records are considered public unless sealed by a judicial order.

Divorce is legally defined as the formal process of ending a marriage. When one spouse files a petition for divorce in the Family Court of the county where either party resides, the court creates a case file and assigns a case number. Using this number, the court tracks the case's progress and records every document generated or received during the proceedings. These documents ultimately become divorce records and serve both administrative and legal purposes.

A typical Delaware divorce record includes the following information:

• Full names of both spouses

• The county where the divorce petition was filed

• Name of the Family Court that handled the case

• Date the divorce was finalized or granted

• Divorce case number

• Details of rulings on property division, debt allocation, alimony, and child custody/support

• Judgment type (contested or uncontested)

In Delaware, divorce records are kept in physical form. The Family Court website does not show personal case details, and you cannot access case files online. Most divorce records can be obtained in person at the Family Court that handled your case. To obtain a divorce decree, you must schedule an appointment with the appropriate Family Court, either by completing an online record request form or by calling the courthouse's Records Department. However, you can access divorce certificates through VitalCheck, the state's vital records ordering service.

Divorce proceedings in Delaware may involve issues such as property division and child custody. As a result, the information contained in divorce records varies depending on the circumstances of each case. Understanding how divorce is handled in the state helps clarify what information is likely to appear in a record and how those records can be accessed.

Where Are Delaware Divorce Records Stored?

The Family Court generally maintains divorce records in Delaware in the county where the divorce was finalized. You can obtain these records through the Records Department of the Family Court that handled the case. Divorce records often include pleadings, motions, court orders, and the final divorce decree.

At the state level, divorce records are maintained by the Delaware Office of Vital Statistics. These state records serve as vital records confirming the authenticity of a divorce.

Is Delaware a 50/50 Divorce State

Delaware is an equitable distribution state, meaning Delaware courts divide marital property in a manner that is fair and reasonable, based on the specific circumstances of the case.

Unlike community property states, where marital assets are split equally, Delaware law gives family court judges the authority to determine how property should be divided, provided the outcome is equitable.

When making property division decisions in divorce cases, Delaware courts generally consider the following factors:

• Duration of the Marriage: The length of the marriage influences the extent to which assets and liabilities are shared. Shorter marriages often result in each spouse keeping more of what they brought into the relationship, while longer marriages usually lead to a more proportional division of property.

• Income and Earning Capacity: Courts consider each spouse's current income and their ability to earn in the future. A spouse with significantly lower earning capacity may receive a larger share of marital assets to ensure a fair outcome. This factor helps prevent economic hardship after divorce.

• Contributions of Each Spouse: Contributions include both financial and non-financial efforts, such as homemaking, childcare, and supporting a spouse's career. Non-monetary contributions are recognized as equally valuable. A spouse who significantly contributed to the household or the other's earning ability may be awarded a greater share of property.

• Ability of the Dependent Spouse to Get a Job After Divorce: Courts consider whether the financially dependent spouse can secure employment after the divorce.

• Whether the Property Division Will Significantly Affect Alimony: Judges assess whether the property division will affect a spouse's ability to pay alimony.

• The Debt of Each Party: The court considers each party's debt because it directly affects the net value of the marital estate and determines each spouse's financial standing after the divorce.

• Tax Consequences: Property transfers between spouses during divorce are generally tax-free. However, if assets such as stocks or real estate are sold, the receiving spouse may face tax liabilities that reduce their net gain.

Types of Delaware Divorce Records

Divorce records in Delaware are categorized as either divorce certificates or divorce decrees, each serving a specific administrative or legal purpose. For instance, a divorce certificate is the appropriate document when official proof of divorce is required for purposes such as a name change or application for a new marriage license. On the other hand, a divorce decree is necessary to confirm the judgment terms, including rulings on child support, custody, and the division of marital property.

Delaware Divorce Certificate (Certificate of Divorce)

A Delaware divorce certificate is an official vital record confirming the dissolution of a marriage in the state. These documents are issued by both the Delaware Division of Public Health and Vital Statistics and the Family Court that handled the divorce. Unlike a decree, which outlines the judge's rulings on property, support, and custody, a divorce certificate simply confirms that a divorce occurred between two parties.

In Delaware, divorce certificates are often used for genealogical research, identification, name changes, new marriage license applications, and other administrative purposes. While divorce case files are generally public records, access to divorce certificates is restricted to authorized individuals in order to protect privacy.

Divorce Decree (Final Judgment of Divorce)

In Delaware, a divorce decree is the final court order that officially ends a marriage. It outlines and clarifies the judge's decisions regarding custody, visitation, child support, property division, and alimony. Once it is signed by a judge and filed with the court, a divorce decree becomes a legally binding court order enforceable against both parties.

The Family Court in the county where the divorce was filed issues the divorce decree. A Delaware divorce decree typically contains the following rulings:

• Property and Debt Division: Specifies how marital assets and debts are divided.

• Alimony: Provides details and terms of any spousal payments the court grants to either party.

• Child Custody and Support: Outlines custody arrangements, visitation schedules, and child support obligations for children under 18.

• Final Judgment Date: The official date on which the judge signs the decree. It is also the date the marriage is officially dissolved.

How to File for Divorce in Delaware (Step-by-Step)

Delaware has mandatory residency requirements for anyone seeking to file for divorce in the state. You may file if either you or your spouse has lived in Delaware for at least six months before filing. Additionally, you may file if you or your spouse has been stationed in Delaware as a member of the military for at least six months before filing for divorce or annulment.

Before filing, you and your spouse must also be legally separated. Under Delaware law, legal separation means that you and your spouse do not share the same bedroom and do not engage in sexual relations. It is important to confirm that you meet the residency requirement or qualify for an exception before filing for divorce.

Another important factor to consider before filing is whether the divorce will be contested or uncontested. The type of divorce significantly affects the cost, complexity, and duration of the process.

• Uncontested Divorce: An uncontested divorce occurs when both parties reach an agreement on all issues, including division of marital property, child support, alimony, and custody/visitation. The parties file documents reflecting their agreement. Such cases are generally resolved more quickly, with fewer court appearances, and at lower expense. They also permit the parties to retain greater autonomy over decisions affecting their children and assets.

• Contested Divorce: A contested divorce occurs when the parties cannot agree on one or more issues. Disputes may concern custody, visitation, alimony, child support, or property division. In Delaware, resolution of these matters rests with the judge, typically following discovery, hearings, mediation, and potentially trial. The parties must comply with the court's ruling, thereby limiting their control over the outcome.

If you meet Delaware's residency requirement and have determined the type of divorce that applies to your situation, you may proceed with the filing steps outlined below.

Step-by-Step Divorce Process

Delaware follows a uniform, statewide set of rules for divorce proceedings. The process generally depends on whether the case is contested or uncontested and whether the couple has a child under 18.

Prepare the Filing Packet

To officially begin the divorce process, you must gather, complete, and organize all the legal documents required by the Family Court.

• Identify the Divorce Path (1A vs. 1B): This is where you decide if the divorce will be contested or uncontested.

• Prepare the Required Documents: Assemble the following documents:

  • Petition for Divorce/Annulment: This is the first document you must file with the Clerk of the Family Court. For divorce petitions, only Section II must be completed. Filing this petition officially begins the divorce process. In the form, you must provide basic information about the marriage and state the relief you are requesting. A notary public or court staff must notarize the petition, and you should not sign until you are in their presence.

  • Information Sheet: This form provides general information about both parties. It helps the Court to issue proper notifications for upcoming hearings.

  • Vital Statistics of Divorce and Annulment: Delaware law requires the submission of a completed Vital Statistics of Divorce and Annulment Form to the Division of Public Health and Vital Statistics for their records.

  • Request for Notice Form: On this form, you will tell the Court how you want to notify the respondent about the Petition for Divorce/Annulment.

  • Any other required forms are determined by the type of divorce being filed. You can access them through the Delaware Judicial Branch Divorce and Annulment Packet.

• Filing Fees and Fee Waivers: To initiate a divorce petition with the Family Court Clerk, you are required to pay a filing fee of $175. If your income is very low and you cannot afford the fee, you may request that the judge waive it. To do this, you must complete an Affidavit in Support of Application to Proceed In Forma Pauperis (fee waiver). This affidavit requires detailed financial information and supporting documentation of your financial circumstances.

File the Case

After preparing your paperwork and the required filing fee, you can proceed with filing your case by following these steps:

• Where to File: File your documents with the Family Court in the county where either spouse lives.

• Filing Methods: You can file your completed paperwork using any of these methods based on your preference and availability:

  • In Person: Visit the Family Court Clerk's office to submit your paperwork and fees.

  • Mail: If the county Family Court Clerk's office allows mail-in submission, send the forms and proof of payment through certified mail. Courthouse addresses are listed on the Family Court website. If you are filing by mail, you must pay your filing fee by check or money order.

  • Email Filing: You can also submit your completed Divorce Petition and other necessary paperwork via email. Payment must be made by credit card, and a court staff member will contact you to obtain your card details. Ensure that you include your phone number in the email. The petition will not be filed until the fee is paid. If you cannot pay by credit card, you may file by mail with a check or money order.

• What You Receive: Regardless of the filing method adopted, you will receive the following after filing a divorce case in Delaware:

  • Assigned a case number to help you track the divorce case

  • The name of the judge who will handle the case

  • Summons if the divorce is a contested case

  • Initial court notices or scheduling information

Service of Process (Primarily for Contested Cases)

After filing a petition for Divorce or Annulment, the Family Court Clerk will provide you with a summons, copies of the petition, and any other documents you submitted. Delaware law requires that you notify your spouse of the petition. This can be accomplished through personal service, service by mail, or service by publication.

• Personal Service: A court-appointed person delivers the papers directly to your spouse at home or at work.

• Service by Mail: The documents are mailed to your spouse by certified mail.

• Service by Publication: Notice is published in a newspaper or posted on the Family Court's website.

After completing service, you must file proof of service with the Family Court where the petition was filed.

Early Case Phase and Temporary Orders

During the early stages of a divorce, courts often seek to maintain stability, particularly when children are involved. The goal is to prevent sudden disruptions in family life, finances, or property use while the case is pending. In Delaware, this stage typically involves discovery, where both spouses exchange information about income, assets, debts, and other relevant matters.

Discovery often leads to temporary orders. These temporary orders help stabilize the situation and address urgent parental, property, or financial issues while the case is pending.

During this early phase, both spouses can take steps to manage immediate needs, including:

• Both parties share financial documents, property records, and other relevant materials to establish the scope of the divorce case.

• If urgent issues arise, either spouse may file a motion requesting temporary relief.

• Gather evidence to show the court your need for temporary relief. Evidence could include deeds (for property or marital home), pay stubs (for support), and school records (for custody).

• After mediation, the judge may hold a hearing to determine whether temporary orders are necessary. At this stage, the court evaluates the evidence and considers the best interests of the children. Examples of temporary orders include:

  • Temporary child or spousal support

  • Exclusive use of marital property, such as the marital home

  • Child custody and visitation arrangements

  • Restraining or protective orders when safety is a concern

These orders remain in effect only until the final divorce decree is issued. At that point, the court's permanent rulings on custody, support, property division, and other matters replace the temporary measures.

Financial Disclosures and Discovery

Delaware divorce law requires each spouse to fully and truthfully disclose their financial situation to the court and to the other party. This obligation guarantees that both sides have equal access to the information needed for a fair judgment.

Below are essential elements of financial discovery in a Delaware divorce case:

• Mandatory Disclosure: Both spouses must complete and submit the Ancillary Financial Disclosure Report Form. This document supplies the court and the other spouse with all required financial information. Filing this form is essential if the court is to decide issues such as division of marital property, allocation of marital debt, or alimony payments.

• The spouse who completes the form first is designated the “Petitioner” (for the form only), even if they did not file the divorce petition. The Petitioner must complete all sections assigned to them, while the other spouse, the “Respondent,” must complete the sections designated for the Respondent.

• Discovery Tools: When a divorce is contested, the following methods may be employed to secure the information necessary for fair rulings on alimony, property division, and other issues:

  • Request Documents: A spouse may demand copies of financial records, such as tax filings, pay slips, and statements from banks or retirement accounts.

  • Interrogatories: Send written questions that the Respondent must answer under oath about finances and other case details.

  • Subpoenas: Financial information may be obtained from third parties, including banks, employers, and retirement plan administrators.

  • Depositions: Take sworn testimony in person, outside of court, to gather additional financial information.

Case Management and Court Conferences

In Delaware divorce proceedings, the court may hold a case management or pretrial conference before the final hearing. The court will inform you if such a meeting is necessary in your case. A case management conference is a meeting where the judge, the spouses, and their attorneys plan how the case will proceed. Its purpose is to set deadlines, clarify expectations, and ensure that the case is on track.

At this stage, the judge expects parties to have completed disclosures, identified unresolved factual and legal issues, and be prepared to engage in settlement discussions. Failure to meet these obligations may result in the following judicial measures:

• Clarification of contested areas relative to agreed-upon terms

• Establishment of deadlines for discovery, expert evaluations, and any needed depositions.

• Mandatory mediation is ordered to help the parties work through complex matters, including child custody.

• Issuance of temporary orders to address immediate concerns, including alimony, possession of the marital residence, and temporary child support.

In addition, the court may ask for more details about each party's finances. This requirement ensures that the judge has a complete picture before making decisions. If you do not comply, the court may impose the following sanctions:

• Delay the hearing

• Rely solely on your spouse's financial disclosures

• Order you to pay your former spouse's attorney fees

• Dismiss the case

Settlement or Trial

Divorce proceedings in Delaware can be resolved through settlement or trial. Delaware Family Courts prefer settlement because it saves time and money and keeps matters more private. Settlement options include:

• Signing a marital settlement agreement

• Negotiating directly with your spouse

• Participating in mediation with a neutral facilitator

• Attorney-led settlement discussions

If a settlement is not possible, the case moves to trial. At trial, both parties testify, present witnesses and evidence, and submit proposed findings.

You can expect the following to happen at trial:

• Evidence and witness presentation

• Submission of proposed findings and judgments by each side.

• Rulings issued by the judge on all unresolved issues; determination of the equitable distribution of marital property

Judgment, Waiting Periods, and Finalization

Many states include a mandatory waiting period after the initial filing. This waiting period is designed to serve as a “cooling-off” phase, giving spouses the chance to reflect on their decision and possibly reconcile. Some states go further by requiring couples to live apart for a certain length of time before the divorce can move forward:

• The 6 Months Separation Period: Delaware law specifically requires six months of separation before granting a divorce, unless the case involves misconduct such as abuse, adultery, or desertion. The six-month separation must be completed by the time of the final divorce hearing.

Child Custody and Child Support in Delaware Divorces

In contested divorces where minor children are involved, the court must ensure that the outcome of the divorce does not affect the child's welfare or stability. Accordingly, the Family Court presiding over the case is required to decide on custody and support. These matters are evaluated separately from marital property matters.

In Delaware, custody decisions, including legal authority and living arrangement, are based on the child's best interests. In determining a child's best interests, courts may consider the following factors:

• The preferences of the child's parent or parents regarding custody and living arrangements.

• The child's own wishes concerning living arrangements.

• The nature of the child's relationships with parents, grandparents, siblings, cohabiting partners of a parent, or other individuals who may significantly influence the child's best interests.

• The mental and physical health of all parties involved.

• Any evidence of domestic violence.

• The criminal history of any party or household resident, including guilty pleas, no-contest pleas, or convictions.

Legal Custody vs. Physical Custody

Under state law, custody is classified as legal or physical, and parents may share either or both forms depending on the circumstances of the case. In Delaware, courts must not favor one parent over the other based on sex, nor consider conduct unrelated to the parent-child relationship when deciding custody or residence.

Joint legal or physical custody can be awarded when both parents agree to the arrangement in a parenting plan and the court finds it is in the child's best interests.

• Legal Custody: Grants a parent the authority to make significant decisions concerning the child's education, healthcare, religious upbringing, and general welfare.

• Physical Custody: This refers to where the child lives daily and who provides day-to-day care. Physical custody can be shared between parents through a structured schedule, allowing the child to spend significant time with both. Alternatively, one parent may be granted primary physical custody, meaning the child resides with them most of the time. The arrangement depends on what best supports the child's stability and routine.

Regardless of whether parents share joint legal custody or one parent holds sole legal custody, both parents retain the right to access important information about their child. Upon request, a parent must provide the other with material details concerning the child's academic progress, medical care, school activities, conferences, religious events, and other activities in which parental participation may be appropriate. In addition, both the parent and the child are entitled to reasonable communication with one another through telephone or mail.

Child Support Guidelines and Enforcement

Under Delaware law, both parents are obligated to financially support their child until the child reaches 18 years of age or graduates from high school, whichever occurs later. To determine the appropriate amount of child support payable, Delaware courts apply the “Melson Formula.” This formula takes into account both parents' incomes and the child's needs. This ensures that the monthly support figure is fair and sufficient.

Once a child support order is issued, it becomes legally enforceable. If a parent fails to comply, the Division of Child Support Services (DCSS) or the receiving parent may petition the court for arrears. At the hearing, additional amounts may be added to the order. Other enforcement options include:

• Driver's license or professional license suspension

• Wage withholding (automatic deduction from paycheck)

• Initiating court actions that may result in penalties, including fines or jail time

Property, Debt, and Alimony in Delaware Divorces

In divorce proceedings, the court must determine how marital assets and debts are divided and whether alimony should be awarded. Under Delaware law, upon the request of either party, the court equitably distributes marital property without regard to marital misconduct.

• Marital property includes all assets acquired during the marriage, regardless of whether they are held in one spouse's name or jointly.

• Separate property is assets owned before marriage or received as gifts or inheritance. Under state law, separate properties are not divided. However, the court may consider separate property when deciding whether to award alimony. This distinction helps balance fairness with the protection of property that was never part of the marital estate.

Delaware courts consider marital debt when dividing property in a divorce proceeding. Marital debt refers to obligations incurred during the marriage for the benefit of both spouses.

When allocating marital debt, the court considers several factors:

• Each party's ability to repay the debt

• The spouse who incurred the debt, and for what purpose

• Whether the debt helped both spouses or just one

• How does the debt balance the division of property

Delaware courts may award alimony to a dependent spouse who lacks sufficient property, cannot support themselves through employment, or is caring for a child whose needs prevent the spouse from working. Awards are set in amount and duration by the court as it deems fair, without regard to marital misconduct.

Common types of alimony in the state include:

• Interim Alimony: Provides short-term financial support while the divorce is ongoing. It helps a spouse cover immediate living expenses.

• Rehabilitative Alimony: Support designed to help a spouse gain skills or education needed to become financially independent.

• Permanent Alimony: This type of support is awarded if the marriage has lasted at least 20 years.

• Reimbursement Alimony: Support designed to compensate a spouse who contributed to the education, training, or increased earning capacity of the other spouse.

Errors, Omissions, and Corrections in Delaware Divorce Records

Divorce records often contain mistakes such as incorrect dates, misspelled names, missing details, or other clerical errors. In Delaware, these records must be accurate to serve their purpose. A small mistake in a certificate or decree typically results in the rejection of the record for identification, administrative, or legal enforcement purposes.

The Family Courts of Delaware issue both divorce certificates and decrees. To correct clerical errors in these records, you must contact the Family Court that handled the divorce. Alternatively, you may visit the Family Court in the county where the case was finalized.

If an error in the divorce record is substantial and materially affects the terms of the ruling, you may file a motion to amend judgment with the Family Court that handled the divorce. The judge will review the motion and determine whether a correction or amendment is warranted.

Once the court approves the correction, updated copies of the divorce certificate or decree can be obtained from the Family Court Department of Records.

• Obtain your updated divorce certificate or decree from the Family Court Department of Records Office in the county where the divorce was finalized and the decree updated.

How to Access Delaware Divorce Records

You can access Delaware divorce records online, in person, and by mail. The type of Delaware divorce record you require determines where to look.

Online Access

• Divorce Decrees: The state of Delaware divorce decree is not available online due to privacy laws. You can obtain these records from the Family Court that handled the case in person or by mail.

• Divorce Certificates: You can request a Delaware divorce certificate online through VitalCheck, the state's authorized third-party vital records ordering service. Expect to pay processing fees and shipping costs through a major debit or credit card.

In-Person Request

• Divorce Decrees: The Family Court Record Room in the counties where Delaware divorces are finalized is the official custodian of the full divorce decrees. To obtain copies of a final judgment of divorce in the state in person, visit the Family Court Record Department in the county where the process was filed and the divorce granted. To obtain a divorce decree in person, you must schedule an appointment with the appropriate Family Court. Appointments can be made by completing an online record request form or by calling the courthouse's Records Department.

  • New Castle County: (302) 255-0241

  • Kent County: (302) 672-1045

  • Sussex County: (302) 855-7411

• Divorce Certificates: The state of Delaware Family Courts issues divorce certificates. To obtain a copy of a Delaware divorce certificate in person, you must visit the Family Court Record Department in the county where the process was filed and the divorce granted. You will be required to provide appropriate government IDs and pay the appropriate fee. In most cases, copies of the divorce certificate you seek will be issued while you wait.

Mail-in Request

• Divorce Decrees: Contact the Family Court Record Department in the county where the divorce was finalized to confirm if they offer mail-in services for full divorce decree requests.

• Divorce Certificates: To obtain a divorce certificate by mail, you must complete a records request form or a formal written request. You are required to mail the completed form alongside a valid photo identification, payment by money order or certified check to the Family Court location that handled the case:

  • Kent County Family Court: 400 Court Street, Dover, DE 19901

  • Sussex County Family Court: The Circle, Georgetown, DE 19947

  • New Castle County Family Court: 500 North King Street, Wilmington, DE 19801

Your application must include the names of both spouses, the county where the divorce was granted, the date of the divorce, and an explanation of why the record is needed.

Delaware Courthouses That Handle Divorces

If you are starting the divorce process in Delaware or searching for divorce records, it is always essential to know where to go. A specific level of the state court system handles divorce cases.

Court Authority for Delaware Divorce Cases

In Delaware, the Family Courts hold exclusive jurisdiction over divorce and related matters. These courts oversee not only the divorce itself but also related matters such as alimony, child custody, property division, and child support. For a divorce to be legally valid in Delaware, it must be filed and decided in a Family Court, with the final judgment signed by a Family Court judge.

County-Based Filing

Court records in Delaware are maintained at the county level. As such, it is essential to know where to file a divorce case or request copies of full divorce decrees and certificates. Generally, the appropriate venue is where either spouse lives in Delaware.

Here are places to find final divorce decrees for some popular Delaware counties:

• Kent County: Kent County Family Court

• Newcastle County: Newcastle County Family Court

• Sussex County: Sussex County Family Court

Jurisdiction Basics

The Family Court of Delaware has jurisdiction over all divorce actions filed when either the petitioner or respondent resided in the state. It also has jurisdiction over a divorce case if either party is stationed in Delaware as a member of the U.S. armed forces for at least six continuous months.

In addition, the Family Court also has jurisdiction over same-gender marriages that were either solemnized in Delaware or converted from civil unions under Delaware law. The process for divorce or annulment follows the Court's rules, provided they do not conflict with state law.

Examples of Delaware Family Courts

Each county in Delaware is home to a Family Court. Here are examples of Family Courts in the state:

• Kent County Family Court

• Newcastle County Family Court

• Sussex County Family Court

Role of the Family Court Clerk

The Family Court Clerks play the following key roles in Delaware divorce cases and records:

• Accept divorce filings/petitions and assign case numbers to each filing

• Issue court notices and summonses

• Maintain the official case files for all divorce matters decided in the family court

• Provide certified copies of divorce decrees and related orders to eligible individuals

FAQs