Search Delaware Dissolution Of Marriage Records

Delaware Dissolution Of Marriage records are court files kept by the Family Court in the county where the case was heard. The state has three counties, and each one runs its own Family Court office. You can search basic case data through CourtConnect, but full divorce decrees are pulled by the Records Department at the Family Court. If you need a certified copy, you must contact the Family Court in the county where the divorce was granted. This page walks you through how to search, what the state law says, and where to go for help.

Where To Find Delaware Dissolution Of Marriage Records

The Family Court of Delaware has sole power over divorce and annulment cases in the state. Each of the three counties runs its own Family Court office with a Records Department that keeps the full case file. The file holds the Petition for Divorce (Form 442), the Information Sheet (Form 240), the Vital Statistics Sheet (Form 441), and the Final Decree. For divorces granted from 1979 to now, you contact the Family Court in New Castle County, Kent County, or Sussex County. For older cases, records sit in the county Prothonotary or the Delaware Public Archives in Dover.

The state also runs the Delaware Office of Vital Statistics, which keeps a divorce index dating back to 1935. The office can confirm that a divorce happened and tell you the county and date, but it does not issue certified copies. For the actual decree, you still have to go to the county Family Court. The main Delaware Courts website for divorce filings is courts.delaware.gov/family/divorce, and the statewide case search runs at courtconnect.courts.delaware.gov.

The screenshot below shows the Delaware Family Court Divorce Portal, the official starting point for anyone seeking a divorce or an existing record in the state. You can read the full page on the Family Court Divorce Portal.

This portal links directly to instructional packets, all required forms, and the Records Department phone lines for each county, which makes it the single most useful page for any Delaware divorce search.

How To Search Dissolution Of Marriage Records In Delaware

Delaware gives you a few paths to find divorce records. Some are online. Others need you to show up in person. The fastest way to confirm a case exists is CourtConnect. To read the full decree, you must request a copy from the Family Court.

CourtConnect lets you search civil dockets by person name, business name, or case type. You can search judgments and pull a docket report. The system covers Superior Court, the Court of Common Pleas, and Justice of the Peace Court civil cases. Family Court cases have limited online visibility due to privacy rules. That means CourtConnect shows case numbers and status but not the full decree. To get the complete Dissolution Of Marriage file, you contact the Family Court Records Department in the proper county.

To search basic Delaware Dissolution Of Marriage data online, you need:

• The full name of at least one party
• The county where the case was filed
• The year the divorce was granted, if known
• The case number, when you have it

The screenshot below shows the CourtConnect portal, the online case search tool run by the Delaware Judiciary. See the live portal at courtconnect.courts.delaware.gov.

Use CourtConnect first to confirm case numbers and parties, then call the Records Department in the right county for the full file.

Types Of Dissolution Of Marriage Records In Delaware

Delaware law uses the term "divorce" in most court materials but treats the legal action as a Dissolution Of Marriage under Delaware Code Title 13, Chapter 15. The key public document is the Final Decree of Divorce. This paper ends the marriage and sets terms on property, custody, and support. A judge signs it after the case moves through the statutory process.

There are three types of divorce record in the state. A divorce certificate is a short document that proves the divorce happened. A divorce decree is the full court order with all the terms. Divorce court records are the transcripts and minutes of the hearing, and those are considered private under state law. Access to certified copies is limited to the parties, their children, parents, legal guardians, and legal representatives.

A Delaware Dissolution Of Marriage file usually holds:

• Petition for Divorce/Annulment (Form 442)
• Information Sheet (Form 240)
• Vital Statistics Sheet (Form 441)
• Request for Notice (Form 400)
• Affidavit of Address Unknown, when needed (Form 241D)
• Financial disclosures and property settlements
• Final Decree of Divorce

The screenshot below shows the official Family Court forms list for divorce cases. You can browse every form at the Divorce Forms page.

The Family Court keeps 68 divorce-specific forms in this section, which means you can handle most of a Delaware divorce filing with the free forms on the court's own site.

The screenshot below shows the full Family Court forms library, which covers divorce as well as custody, support, and adoption. See the full list at the Family Court Forms page.

That library has 268 forms total, so even paired proceedings like name changes and parenting plans are covered in one place.

Delaware Dissolution Of Marriage Laws

All Delaware divorce law sits in Title 13, Chapter 15 of the Delaware Code, also known as the Delaware Divorce and Annulment Act. Section 1501 names the act. Section 1502 lists the reasons for the law, from settling disputes in an amicable way to helping parties become self-supporting.

Under 13 Del. C. § 1504, the Family Court has power over a divorce case when either party has lived in Delaware for six months before filing. That residency rule is strict. You cannot file unless one spouse meets it. Under 13 Del. C. § 1505, the court grants a divorce when the marriage is irretrievably broken and reconciliation is not likely. The statute lists four ways that breakdown can happen: voluntary separation, separation caused by the other spouse's misconduct, separation caused by mental illness, or separation caused by incompatibility.

Delaware requires a six-month separation before the court will grant a divorce on most grounds. The Family Court will not proceed with a case until the parties have been separated for at least six months, unless the filing is based on misconduct. Misconduct grounds include physical, mental, or psychological abuse, adultery, or desertion. Parties with minor children must also attend a Parent Education Class and file the certificate before the divorce can be finalized.

The screenshot below shows the official page on how to obtain copies of final divorce or annulment decrees. Read the full instructions at the Divorce Decree Copies page.

The page spells out which payment methods each Family Court accepts and what you must bring when you request a certified copy in person.

Section 1513 of Title 13 covers property rights. Section 1514 lets the court order a spouse to resume a maiden or former name. Section 1521 gives full faith and credit to out-of-state divorce decrees, and Section 1522 protects procedural rights such as the right to keep control of the suit and the right to pick counsel.

Copy Fees For Delaware Dissolution Of Marriage Records

Copy fees are set statewide. The Family Court charges $4.00 for each certified page and $1.00 for each plain page. Payment can be cash, check, money order, or credit or debit card. These fees apply in all three counties. If you request by mail, the processing time runs 10 to 15 business days. In-person requests usually take 1 to 3 business days.

The Delaware Public Archives charges its own fees for older records. Staff-made copies are $0.50 per page. Certified vital statistics are $25.00 per copy. A certified divorce decree from the Archives is $10.00. Mail and email orders run on a sliding scale: $10.00 for 1-10 pages, $15.00 for 11-20 pages, and up to $30.00 for 41-50 pages. Any order over 50 pages is sent digitally. The Archives holds divorce records from before 1978 for most cases, and card-index divorces from as early as 1790 from the Acts of the State Legislature.

The screenshot below shows the official fee schedule for Family Court filings. See the fee page at courts.delaware.gov/help/fees/familyfiling.

The fee page covers filing costs for new divorce petitions as well as the cost of pulling copies from an existing Dissolution Of Marriage case.

How To Get Copies Of Delaware Dissolution Of Marriage Records

You can request a copy of a Delaware divorce decree in person or by mail. The state accepts both methods at all three Family Court locations. To save a trip, call first and ask about wait times.

For an in-person request, go to the Records Department at the Family Court in the county where the divorce was granted. Bring a photo ID. Give staff the names of both parties, the approximate date of the divorce, and the case number if you have it. The clerk pulls the file and makes copies while you wait. Payment is accepted at the counter.

For a mail request, write a letter that includes the full names of both parties, the date of the divorce, and the case number if known. Send it to the proper Records Department. The letter should list the number of certified copies you need and include a check or money order for the fee. Processing time by mail is 10 to 15 business days. Requestors may also use the online records request form on the Delaware Courts website.

The screenshot below shows the Delaware State Guide to Certificates, which lays out where each era of divorce record is held. Read the full guide at delaware.gov/guides/certificates.

The guide splits divorce record locations by year. Records from 1979 to the present are at the county Family Court. Records from 1978 and earlier are at the county Prothonotary or at the Delaware Public Archives in Dover.

The screenshot below shows the Family Court Records Access Policy page, which sets the rules for photocopy, certified copy, and exemplified copy requests. See the policy at courts.delaware.gov/family/fcrecordaccess.

The policy also notes that audio copies of court hearings can be ordered with the right request form and payment.

Historical Delaware Dissolution Of Marriage Records

Older Delaware divorces sit outside the modern Family Court system. From the late 1700s until 1897, divorces were granted by Acts of the State Legislature. The Delaware Public Archives keeps a card catalog of those early legislative divorces. For divorces granted between 1897 and 1978, the county Prothonotary holds the files. From 1979 to now, all divorce records are at the Family Court in the county where the case was filed.

The Delaware Public Archives sits at 121 Martin Luther King Jr. Blvd. North in Dover. The research room is open Monday through Friday from 8:00 AM to 4:15 PM. You can reach staff at (302) 744-5000 or archives@delaware.gov. The Archives also holds birth certificates more than 72 years old, death certificates more than 40 years old, and marriage records more than 50 years old.

The screenshot below shows the Delaware Public Archives page on visiting and researching. Go to the Archives visit page for appointment details and directions.

Appointments are encouraged for any research visit. Staff can pull older court records and point you to related genealogy sources such as FamilySearch vital records.

Delaware Office Of Vital Statistics And Dissolution Of Marriage

The Delaware Office of Vital Statistics keeps a central index of Dissolution Of Marriage cases from 1935 to the present. The office can verify that a divorce happened and give you the county and year. It cannot issue a certified copy of the decree. For the actual paper, you have to contact the Family Court in the county where the case was granted.

The main Office of Vital Statistics sits at 417 Federal Street, Dover. The New Castle County branch is at 258 Chapman Road, Newark. The Centers for Disease Control guide notes a $25.00 fee for state-level verification. Vital Records are confidential under Delaware Statutes and are released only to the parties themselves, immediate next of kin, or their legal representatives.

The screenshot below shows the CDC's official guidance page for Delaware vital records, which explains the split between the Office of Vital Statistics and the county Family Courts. Read the full guidance at the CDC Where to Write page for Delaware.

The page also notes that the Prothonotary in the county where the divorce was granted held records up to 1975, and the Family Court took over after that date.

Are Dissolution Of Marriage Records Public In Delaware

Most Delaware divorce records are open to the public. Basic case data such as party names, case numbers, and filing dates can be viewed by anyone. Final decrees are accessible with certain personal identifiers removed. Delaware Supreme Court Administrative Directive No. 2007-6 requires that Social Security numbers, financial account numbers, and full dates of birth be redacted from any record in the public file.

Some files have tighter rules. Financial affidavits and detailed property statements may be restricted. Custody evaluations and records with minor children have heightened privacy protection. Cases involving domestic violence may be sealed or redacted under Delaware Code Title 10 § 1046. Certified divorce certificates are limited to the parties, their children, their parents, legal guardians, legal representatives, or government agencies acting under a court order. Non-certified copies are available to the general public for most cases.

The screenshot below shows the main Delaware Courts landing page, which links out to all of the systems described above. Visit courts.delaware.gov for the full judicial portal.

From that page you can reach CourtConnect, the records request form, the Family Court Resource Centers, and the fee schedule in just a click or two.

Browse Delaware Dissolution Of Marriage Records By County

Delaware has three counties, and each runs a Family Court that handles Dissolution Of Marriage cases. Pick a county below for local contact info, fees, and record access resources.

View All Delaware Counties

Dissolution Of Marriage Records In Delaware Cities

Residents of Delaware cities file for divorce at the Family Court in their county. Pick a city below for local court info, legal aid, and directions.

View Delaware Cities