Delaware divorce records are official documents that chronicle the legal dissolution of marriages within the First State. These records serve as essential proof of marital status changes and contain important information about divorce proceedings, property division, and custody arrangements.
The state maintains comprehensive divorce records dating back to 1935. Records from 1935 to 1977 are typically housed in county prothonotary offices or public archives, while more recent records from 1978 to present are available through Family Courts in the county where the divorce occurred.
Delaware divorce records serve multiple purposes, including legal proof of divorce, verification of marital status, and documentation for name changes or property transfers. These records are essential for individuals seeking to remarry or resolve ongoing legal matters related to their divorce.
Types of Delaware Divorce Records
Delaware maintains three distinct types of divorce records, each serving different purposes and containing varying levels of detail about the divorce proceedings.
Divorce Certificate
This basic document provides essential information about the divorce, including the parties' names, the date of divorce, the location, and basic details about the marriage. Divorce certificates serve as simple proof of divorce and are commonly used for administrative purposes like name changes or benefit updates.
Divorce Decree
The most comprehensive divorce document, containing the court's final judgment and detailed terms of the divorce. Divorce decrees include specific information about property division, child custody arrangements, spousal support, and other court-ordered provisions. This document serves as the legally binding record of all divorce terms.
Divorce Court Records
These include transcripts, minutes, and other documentation from actual court proceedings. Court records provide detailed accounts of hearings, testimony, and legal arguments presented during the divorce case. Access to these records is typically more restricted than certificates or decrees.
Public Access to Delaware Divorce Records
Delaware divorce records are generally considered public documents under state public records laws. However, access levels vary depending on the type of record and the requester's relationship to the case.
Public access allows anyone to inspect basic divorce record information. This includes general details about the parties involved, dates of marriage and divorce, and basic case information. However, sensitive financial details, personal information like social security numbers, and certain confidential matters may be redacted from public copies.
Certified copies of divorce records have more restricted access. Only specific individuals can obtain certified copies, including the divorced parties themselves, their children, parents, close family members, and legal representatives acting on behalf of eligible parties.
The distinction between informational and certified copies is important for understanding access rights and document utility for legal purposes.
Obtaining Certified Copies of Divorce Records
Certified copies of Delaware divorce records carry official authentication and can be used for legal purposes. These documents bear official seals and signatures that verify their authenticity and accuracy.
Eligible parties for certified copies include the divorced individuals named in the record, their biological or adopted children, parents of the divorced parties, and attorneys or legal representatives with proper authorization. Proof of relationship or legal standing may be required when requesting certified copies.
The certification process involves official verification by court personnel and the application of appropriate seals and signatures. Certified copies typically cost more than informational copies but provide the legal validity necessary for official proceedings.
Delaware Family Court Locations and Procedures
Delaware divorce records are maintained by Family Courts in the three counties where the divorce proceedings took place. Each county's Family Court serves as the primary custodian for divorce records within its jurisdiction.
New Castle County Family Court500 North King StreetWilmington, DE 19801Serves northern Delaware including Wilmington and surrounding areas
Kent County Family Court400 Court StreetDover, DE 19901Serves central Delaware including the state capital
Sussex County Family CourtOne The CircleGeorgetown, DE 19947Serves southern Delaware including beach communities
Each court maintains its own records department with specific procedures for requesting divorce records. Contact information and office hours may vary by location.
Step-by-Step Process for Requesting Records
Obtaining Delaware divorce records requires following specific procedures to ensure successful document retrieval. The process varies depending on whether you need certified or informational copies.
Step 1: Determine Record Type NeededIdentify whether you need a divorce certificate, divorce decree, or court records. Consider your intended use to determine if certified copies are necessary for legal validity.
Step 2: Identify Correct CustodianDetermine which court or office maintains the records you need. Recent divorces (1978-present) are typically found at Family Courts, while older records may be in prothonotary offices or archives.
Step 3: Verify EligibilityConfirm that you're eligible to receive the type of copies you're requesting. Certified copies have more restrictive access requirements than informational copies.
Step 4: Gather Required InformationCollect necessary details including full names of both parties, approximate date of divorce, case number if known, and your identification documents.
Step 5: Submit RequestComplete the appropriate request forms and submit them according to the custodian's preferred method (in-person, mail, or online if available).
Required Information and Documentation
Successful record requests require specific information and proper documentation. Having complete and accurate details speeds processing and ensures you receive the correct records.
Essential information includes the full legal names of both divorced parties as they appeared in the divorce proceedings, the approximate date when the divorce was finalized, and the county where the divorce took place. Case numbers, if available, significantly expedite the search process.
Requesters must provide valid photo identification such as a driver's license, state ID, or passport. If requesting certified copies, additional documentation proving your relationship to the case may be required.
Incomplete or inaccurate information can delay processing or result in unsuccessful searches. Double-check all details before submitting your request to avoid delays.
Fees and Payment Methods
Delaware divorce record fees vary by type of document and whether you need certified or informational copies. Understanding fee structures helps you budget appropriately for your record request.
Typical fees range from $10-15 for certified copies of divorce certificates or decrees. Informational copies generally cost less, often $1-5 per page. Additional charges may apply for expedited processing or special handling.
Payment methods vary by location but commonly include cash, money orders, certified checks, and sometimes credit cards. Some offices may not accept personal checks, so verify acceptable payment methods before visiting or mailing requests.
Fee schedules can change, so confirm current costs when submitting your request. Some offices offer fee waivers for qualifying individuals with demonstrated financial hardship.
In-Person vs. Mail Requests
Delaware divorce records can typically be obtained through in-person visits or mail requests, each method offering distinct advantages and considerations.
In-person requests often provide the fastest service and allow immediate clarification of any issues. You can verify information accuracy, pay fees directly, and receive your documents during the same visit. Office hours are typically Monday through Friday, 8:00 AM to 4:30 PM, but confirm specific schedules.
Mail requests offer convenience for those unable to visit in person but require longer processing times. Include a completed request form, proper identification copies, payment, and a self-addressed stamped envelope for document return. Allow 2-3 weeks for processing mail requests.
Some offices may offer expedited processing for additional fees when urgent document needs arise.
Online Access Options
Delaware has been expanding online access to divorce records, though availability varies by county and record type. Online options provide convenient access for basic record searches and some document requests.
Some counties offer online databases for searching divorce record indexes. These systems allow you to verify divorce information and obtain case numbers but may not provide full document access online.
Third-party vendors may offer Delaware divorce record searches, but their accuracy and completeness can vary. Official sources through Delaware courts provide the most reliable access to complete and accurate records.
Online access limitations often require follow-up with official sources for certified copies or complete documentation.
Historical Records and Archives
Delaware divorce records dating before 1978 require different access procedures and may be housed in various locations, including county archives and prothonotary offices.
Historical records may have different indexing systems and storage methods compared to modern electronic systems. Searching older records may require more time and specific knowledge of historical filing procedures.
The Delaware Public Archives maintains some historical court records and can provide guidance on locating older divorce documents. Their staff can assist with research strategies for historical record searches.
Preservation conditions and record completeness may vary for historical documents. Some older records may have limited information compared to contemporary divorce records.
Special Circumstances and Sealed Records
Certain Delaware divorce records may be sealed or have restricted access due to special circumstances such as domestic violence, child protection issues, or court orders protecting sensitive information.
Sealed records require special permission to access and may involve additional legal procedures. Parties seeking access to sealed records typically need to petition the court that issued the sealing order.
Protective orders may limit access to specific portions of divorce records while keeping other sections available. Understanding these restrictions helps set appropriate expectations for record access.
Legal representation may be necessary for accessing sealed or heavily restricted divorce records.
Using Delaware Divorce Records
Delaware divorce records serve numerous practical purposes beyond simple proof of divorce. Understanding appropriate uses helps ensure you obtain the right type of documentation for your needs.
Common uses include name change procedures, remarriage documentation, benefit updates, property transfers, child custody matters, and legal proceedings. Different uses may require different types of documentation or certification levels.
Government agencies, financial institutions, and legal entities may have specific requirements for divorce documentation. Verify requirements with receiving organizations to ensure you obtain appropriate records.
International use of Delaware divorce records may require additional authentication such as apostille certification for recognition in foreign countries.
Protecting Privacy and Preventing Misuse
While Delaware divorce records are generally public, individuals can take steps to protect sensitive information and prevent misuse of their divorce documentation.
Courts may allow redaction of sensitive information like social security numbers, financial account details, and children's personal information. Parties can request protective orders during divorce proceedings to limit public access to sensitive details.
Monitor use of your divorce records and report any suspected misuse to appropriate authorities. Identity theft and fraud prevention measures should be considered when divorce records contain personal information.
Understanding your rights regarding divorce record privacy helps you make informed decisions about information sharing and access requests.
Frequently Asked Questions
How long does it take to obtain Delaware divorce records?In-person requests can often be completed the same day, while mail requests typically take 2-3 weeks. Processing times may vary during busy periods or for complex searches.
Can I get Delaware divorce records if I live out of state?Yes, you can request Delaware divorce records from anywhere. Mail requests and some online options accommodate out-of-state requesters.
What if I don't know the exact date of divorce?Approximate dates are usually sufficient for record searches. Providing a range of years helps court staff locate records even without exact dates.
Do I need a lawyer to obtain divorce records?No, you don't need legal representation to request standard divorce records. However, sealed or restricted records may require legal assistance.
Delaware divorce records provide essential documentation for various legal and personal needs. Understanding the types of records available, access procedures, and requirements ensures you can successfully obtain the documentation you need for your specific circumstances.