Delaware Divorce Records

Recent data indicates that Delaware has a divorce rate of 2.6 divorces per 1,000 residents, higher than the national average of 2.4 per 1,000. Divorces in Delaware are usually granted if a court of jurisdiction finds that a couple's marriage is irretrievably broken and reconciliation is improbable. Under state law, the irretrievable breakdown of a marriage is characterized by a period of separation between the couple, which may either be voluntary or caused by incompatibility (between both parties), mental illness, or specific misconduct on the part of one spouse.

The cost of getting divorced in Delaware can vary significantly, depending on factors such as attorney fees, court costs, the need for mediation, and whether the divorce is contested or uncontested. Uncontested divorces with no complex issues are generally less expensive, while highly contested cases involving child custody, significant assets, or spousal support can lead to much higher costs. Nonetheless, the average cost of a divorce in the state is around $12,165 per person, significantly higher than the national average of $9,969.

Are Divorce Records Public in Delaware?

Divorce records in Delaware are generally considered public records and are accessible to interested members of the public, per the provisions of the Delaware Freedom of Information Act (FOIA) and the Delaware Family Court's Public Access Policy.

However, while Delaware divorce records are largely open to inspection and copying, there are significant exceptions and restrictions regarding the disclosure of sensitive information contained within them. Confidential details typically restricted from public access include information related to minor children, financial information such as social security numbers, bank account details, medical and physiological information, and any portions of divorce records that have been specifically sealed by the court of jurisdiction. Access to these sealed or confidential portions is usually limited to the parties involved in the case, their legal representatives, and other individuals specifically authorized by state law or a valid court order.

What Is Included in Delaware Divorce Records?

In Delaware, the term "divorce records" is typically used to refer to any official documents generated during the legal process of dissolving a marriage. These records are primarily maintained by the Family Court, which handles all divorce proceedings in the state, and are generally grouped into two main types:

• Final Decrees of Divorce: This is the formal legal document issued by the Family Court that officially terminates the marriage. A final decree (commonly referred to as a divorce decree) contains details like the names of both spouses, the date of divorce, and the court where the divorce was finalized. These documents also outline the specific terms of the divorce, including decisions on the division of marital property and debts, spousal support (alimony), and any orders related to child custody and child support. These records are maintained by the Records Department of the Family Court in the county where the divorce was granted.
• Divorce Case Files: A Delaware divorce case file is a comprehensive collection of all records generated during a particular divorce proceeding, including petitions, motions, evidence, testimonies, and final orders/decrees.

How Do I Find Delaware Divorce Records?

Interested parties can typically access Delaware divorce records locally through the Family Court in the county where the divorce proceedings were held. Common reasons for requesting certified copies of these records include:

• To serve as legal proof of your divorce status, particularly for remarriage, travel, or other legal purposes
• To facilitate a name change
• To update your marital status with government agencies, financial institutions, or for insurance purposes
• To enforce or modify child custody and support orders or spousal support orders
• To update estate planning documents, such as wills and trusts
• To apply for certain benefits or claims

Look Up Delaware Divorce Certificate

Delaware does not issue statewide divorce certificates. While the state's Office of Vital Statistics is charged with issuing vital records certificates, it only provides copies of birth, death, and marriage certificates. To this end, individuals who wish to access copies of a Delaware divorce record typically have to do so through the Family Court in the county where the divorce was finalized.

Look Up Delaware Divorce Decree

Delaware divorce decrees are maintained by the Family Court in the specific county where the divorce case was filed, and copies of these records may be accessed by contacting the relevant court's Records Department. Requests can typically be made in person or by mail. In-person requesters will typically be required to provide a valid ID, while mail-in requesters will need to provide a written request that includes their name, date of birth, and notarized signature. All requesters are also typically expected to provide relevant identifying information to help the department locate the desired documents, such as the names of the parties involved in the divorce and the approximate date or year the divorce was finalized.

Certified copies of a Delaware divorce decree typically cost $4, while uncertified copies cost $1. Note that additional fees may apply. Inquiries may also be directed to the Family Court Records Department in the appropriate county.

Look Up Delaware Divorce Court Records

You may obtain copies of publicly accessible court records contained within a Delaware divorce case file through the Family Court Records Department in the county where the divorce case was heard. Note that you will typically be required to provide the department with enough information to enable them to find the specific case file and pay any applicable copy fees.

The Delaware Courts also provide online access to certain divorce court records through its CourtConnect platform, which allows members of the public to search for civil cases by party/business name or judgment and view public case information. However, be aware that certified copies of court records cannot be obtained via this platform.

Can You Seal Divorce Records in Delaware?

A Delaware divorce record (or portions of the record) may be sealed at the request of a party involved in the case, as long as there is a compelling reason to do so. Common reasons for sealing include protecting sensitive personal or financial information, ensuring the privacy or safety of the parties involved (especially in cases of domestic violence or when minor children are involved), or when public access could cause demonstrable harm.

An individual who wishes to request a divorce record sealing will have to file a motion to seal with the Family Court that handled the divorce case. The motion must clearly articulate the reason/justification for the request and include necessary documentation and/or evidence to support the request. The court will review the motion and may schedule a hearing to allow all interested parties to present arguments before making its decision, which will be based on striking a balance between the public's right to access court records and the privacy interests asserted by the requester. If the court decides to grant the motion, it will issue an order to this effect, stipulating whether the entire record or a specific portion should be sealed and who may access the sealed record. However, it is important to note that the final decision to grant or deny a motion to seal (a divorce record) rests entirely with the court.

How Long Does a Divorce Take in Delaware?

Per Delaware law, courts cannot rule on divorce petitions unless the couple has been separated for at least six months (an exemption is made for divorces filed on the grounds of misconduct). In addition to this statutory waiting period, several other factors influence the duration of a divorce in Delaware, including whether the divorce is being contested or not, the complexity of issues being disputed (if any), and the court's caseload.

Uncontested divorces (divorces where both parties agree on all issues) can usually be finalized within a few weeks to a couple of months after the divorce proceedings are commenced by the court of jurisdiction. On the other hand, divorces where the couple is disputing key issues (particularly, property division, alimony, child custody, and child support) usually take significantly longer, sometimes extending to a year or even longer.

Does Delaware Require Separation Before Divorce?

Yes, Delaware generally requires a period of separation before a divorce can be filed. The sole ground for divorce in Delaware is that the marriage is "irretrievably broken," and this is typically evidenced by the parties living separate and apart for at least six consecutive months immediately prior to the filing of the divorce petition. However, in situations where a spouse is filing for divorce on the grounds of misconduct by their partner, the six-month separation period is not required.

How Are Assets Split in a Delaware Divorce?

In Delaware, assets are usually divided between divorcing couples using the equitable distribution method, meaning property is split fairly but not necessarily equally. Section 1513 of the Delaware Code outlines certain factors that the Family Court of jurisdiction must consider during the property division process to ensure an equitable split of the couple's marital property. These include:

• The length of the marriage
• Any prior marriages (of either or both spouses)
• Each spouse's age, health, financial status, career skills, and employability
• Contributions toward maintaining or increasing the value of marital property, including roles as a homemaker
• Each spouse's potential to acquire future assets and income
• Whether the awarded property replaces or supplements alimony
• Existing debts and their impact on asset distribution
• The value of assets assigned to each spouse
• Tax implications as they relate to the division of assets

It is worth noting that Delaware does not consider marital misconduct when determining property division.

Who Gets Custody of a Child in Divorce in Delaware?

In Delaware divorce cases involving minor children, child custody decisions are governed by the best interests of the child standard, as outlined in Section 722 of the Delaware Code. Historically, the Family Court favored mothers in custody decisions, mostly due to bias rooted in traditional gender roles, where mothers were seen as primary caregivers. However, per the state's modern custody laws, courts are not allowed to make any gender-based presumptions on which parent would be more qualified to take custody of the child. Instead, both parents are considered equally capable of providing a suitable home, and the court evaluates factors like parent-child relationships, stability, and each parent's ability to provide care when determining custody arrangements. To this end, fathers in Delaware are likely to receive 50% parenting time post-divorce, higher than the national average of 35%.

There are two main aspects to child custody in Delaware:

• Legal Custody: This deals with the right and responsibility to make major decisions regarding the child's upbringing, including education, healthcare, religious training, and general welfare. Parents may share joint legal custody, or one parent may have sole legal custody.
• Physical Custody: This is commonly referred to as "residential arrangements" and deals with where the child lives and which parent provides daily care for them. Physical custody may also be sole, where one parent is the primary caregiver (typically known as the "custodial parent") while the other has visitation rights, or the court may award shared residential arrangements (joint physical custody), where the child spends significant time living at both parents' respective homes.