Delaware Divorce Records
What Are the Residency Requirements for Divorce in Delaware?
What Are the Grounds for Divorce in Delaware?
How Much Does It Cost to File for Divorce in Delaware?
How Long Is the Waiting Period for Divorce in Delaware?
How To File for Divorce in Delaware?
Are Divorce Records Public in Delaware?
How To Get Certified Copies of a Divorce Decree in Delaware?
Divorce Settlement: Is Delaware a 50/50 State?
FAQs about the Divorce Process in Delaware

Delaware Divorce Records

Delaware has a divorce rate of 2.3 per 1000 residents, meaning it records relatively lower numbers of divorces than most US states and is slightly below the national rate of 2.4 per 1000. The Small Wonder, as the state is fondly called, has seen a steady decline in divorce for over 30 years. The rates of divorce in the state also vary by ethnicity with non-Hispanic white couples recording the highest numbers.

The Family Court is responsible for generating and keeping divorce records in the state. You may find Delaware divorce records in the Family Court where the divorce was filed. Generally, three types of divorce records in the state may be considered certified or uncertified (informational) copies. These are:

Divorce decree: this is a detailed document that provides specific information about the divorce including the agreement or verdicts regarding the couple's rights and responsibilities after the divorce. These responsibilities include child custody and support, alimony, division of property and debt, and insurance.
Divorce certificate: this is a document detailing the basic information about the divorce such as the parties involved. It is often used as proof that the divorce occurred. The divorced party and their attorneys can obtain certified copies of the divorce certificate.
Divorce court records: these are the transcripts from the divorce hearing and proceedings. These documents are not public and can only be accessed by parties with legitimate reasons

What Are the Residency Requirements for Divorce in Delaware?

As stipulated in Del. Code tit. 13 § 1504, a spouse can file for divorce in Delaware if they or their spouse has lived in or are stationed as a member of the armed forces in the state for up to six months. For same-gender marriages, a Delaware family court can grant a divorce even when neither spouse is currently living in Delaware if the marriage was solemnized or converted from a civil union in the state. However, this only applies if the couple cannot file for divorce in the state where they currently reside.

What Are the Grounds for Divorce in Delaware?

In Delaware, either party can file for a no-fault divorce. A no-fault divorce is typically used when neither party is at fault for the marriage breakdown. It means that the couple is experiencing irreconcilable differences and that their marriage is irretrievably broken. A marriage is deemed irretrievably broken if the couple are:

Voluntarily separated
Separated because of incompatibility
Separated because of mental illness
Separated because of misconduct

While Delaware does not recognize fault-based divorce, filing on the grounds of misconduct is the closest thing the state has to a fault-based divorce. While other grounds require the couple to have been separated for at least six months, in the case of misconduct, that period of separation is not necessary. A party may file for misconduct if their spouse has been physically, mentally, or psychologically abusive. It is important to note that the party filing because of misconduct is required to prove the allegations by providing supporting evidence.

How Much Does It Cost to File for Divorce in Delaware?

Filing for divorce in Delaware may cost around $150 to $160 depending on varying factors. However, this does not cover extra costs that are usually associated with the divorce process, such as:

Attorney fees
Child support
Alimony
Property and debt
Co-parenting classes
Mortgage Refinancing
Mediation
Expert witness fees
Psychological evaluation

All things considered, getting a divorce in Delaware could cost you anywhere from $12,165. This is higher than the national average of $9,969. Divorce is slightly more expensive in neighboring New Jersey but cheaper in Maryland.

How Long Is the Waiting Period for Divorce in Delaware?

In Delaware, there is a 30-day waiting or cooling-off period that must be observed after filing the required paperwork for divorce. This waiting period often serves to ensure that the couple is certain that they want a divorce and to appeal certain terms of the divorce.

Note that this cooling-off period is different from the separation period. Except in cases where the divorce is being filed on the grounds of misconduct, Delaware requires that the divorcing couple be separated for at least 6 months before filing. A couple may live in the same house during their separation but cannot sleep in the same bedroom or be intimate with each other.

How To File for Divorce in Delaware?

To get started with the divorce, you need to ensure that you are eligible for it. This means making sure you meet the residency and separation requirements. You may then file a Petition for Divorce/Annulment in the county where either you or your spouse lives. The process for divorce in Delaware is largely dependent on the type of divorce, be it contested or uncontested divorce.

Contested Divorce

In a contested divorce, after filing the Petition for Divorce, the respondent (the other spouse) challenges some of the material information in the Petition by filing an Answer. When this is done, the matter will automatically be scheduled for a hearing.

Uncontested Divorce

A divorce is regarded as uncontested when the respondent does not file an answer within 20 days of receiving the petition or files an Answer that agrees with the request. An uncontested divorce can be decided in two ways. The person filing the petition may request that the court decide the divorce based solely on the paperwork filed and without either party appearing in court. They may also request that the court decide after a hearing, which the respondent may attend but that they - the petitioner - must attend.

The final decision of the court is not dependent on the type of divorce, however, there are different filing requirements for each type of divorce.

Delaware Family Court provides two instructional documents to help people navigate the divorce process. To get more information about how to file a divorce, use the Divorce and Annulment Instruction Packet. To file a response to a petition, use the Divorce and Annulment Answer Packet. While it is possible to represent yourself "pro se", it is advisable to consult an attorney.

Are Divorce Records Public in Delaware?

The public has a right to request access to Delaware divorce records per the Delaware Freedom of Information Act. This means that the public can access certain details that were gathered during the divorce process and available in the informational divorce copies. These include the name of the divorced parties, date of marriage and divorce, location of divorce, and age.

However, such information that is deemed confidential like their social security number, financial details, medical records, address, and contact information is restricted from public access. Certified copies of the divorce can only be retrieved by the parties involved in the divorce, that is, the divorced couple, their children, parents, close family members, and attorneys.

How To Get Certified Copies of a Divorce Decree in Delaware?

Certified copies can only be obtained by the divorced couple, their close family members, or their legal representatives. To get certified copies of a divorce decree in Delaware, you would need to make a request in person or via mail.

In Person Request

To get certified copies in person, visit the Records Department in the county where the divorce was granted during official hours. You will have to provide some identifying information to the Clerk including your name and date of birth as well as present a valid photo ID. A certified copy of the divorce decree will cost $4.00. You may need to pay additional fees if the record needs to be retrieved from the archives. You may make payments using cash, check, money order, or credit card.

Mail Request

You may also send a request to obtain certified copies of a divorce decree via mail. This may be sent to the Records Department in the county where the divorce was granted. Your request must include your name and date of birth and must be notarized. You must also enclose payment, which is $4.00 payable by check or money order. If the record needs to be retrieved from the archives, you must pay extra.

Divorce Settlement: Is Delaware a 50/50 State?

There are generally two models used in the division of property during divorce settlement, namely: the community property model and the equitable distribution model. States using the community property model generally split property evenly between the couple and such states are regarded as 50/50 states.

Delaware uses the other model - equitable distribution - and is not a 50/50 state. This model divides the property fairly but not necessarily equally. Instead of simply splitting it down the middle, Delaware courts strive to distribute property as is needed to create equity. Some factors that are considered for the division of property include:

Any prior marriage of a party
Any special medical needs, and
Any waste of money or property.
Contributions to education or career advancement,
Contributions to the marriage, both financial and non-financial,
Couple's age and health,
Income and earning potential,
Tax consequences
The couple's level of education,
The current and future financial circumstances of each spouse,
The debts of the parties
The length of the marriage,
The lifestyle that a custodial parent would need to maintain for any children,
The standard of living that the couple maintained during the marriage,
The type and value of the property being divided,
The value of any separate property,
Whether the property was acquired by gift (with exceptions)

FAQs about the Divorce Process in Delaware

Here are answers to frequently asked questions about the divorce process in Delaware.

How Do I Modify a Divorce Decree in Delaware?

According to Del. Code tit. 13 § 1519, the following aspects of the divorce decree may be modified:

Child support
Child custody and/or visitation
Property disposition
Alimony or any other relief awarded

To file for custody modifications, you need to fill and submit a Petition to Modify Custody Order form, a Custody Separate Statement form, and other forms to the appropriate family court. For child support modification, file a Petition for Child Support Modification with the Family Court.

How Do I Enforce a Divorce Decree in Delaware?

When a former spouse refuses to adhere to the terms of your divorce decree, which might involve issues such as child support, alimony, or payment of a debt, you have the option of getting the court involved to enforce it.

You can file a Petition on Rule to Show Cause, which will detail the ways that your former spouse is not adhering to the judgment. After the petition is filed, the court will hold a hearing to determine if the non-compliance is willful. If found guilty, the court will enforce the order by using means such as freezing the defaulter's bank account, taking money from their paycheck as garnishments, placing a lien on the house or car or even sending them to jail.

What Are the Restrictions to a Divorce Decree in Delaware?

Per Delaware divorce and annulment laws, it is possible to modify decrees regarding child support, child custody, and alimony. Property division can only be modified after showing circumstances that would justify the opening or vacation of a judgment under the Rules of the Superior Court of Delaware.

Can I Efile My Divorce in Delaware?

No, you cannot currently eFile your divorce in Delaware. While the state offers eFiling options for the Supreme Court, Justice of Peace Court, Court of Common Pleas, Court of Chancery, and Superior Court, the Family Court does not offer eFiling options. You can only file your divorce in person or via email.

How Do You Serve Divorce Papers in Delaware?

In Delaware, divorce papers are served by the court using the county sheriff or are picked up by your spouse from the court. Whether the court served your spouse or they picked up a copy of the petition from the court, they have twenty days to answer the petition. Whatever the case may be, ensure you get confirmation that your spouse has been served.

Does Delaware Mandate Couples to Participate in Divorce Mediation or Counselling?

Mediation is not always mandatory in Delaware. Mediation occurs mostly in cases where there are children and there is a need for custody and visitations. In such cases, the court appoints a counselor to help the couple work things out. Depending on the outcome of the mediation, the court may go ahead to schedule a hearing, if the mediation fails, or endorse the consent order the spouses have signed, if the mediation succeeds.

How Do I Seal My Divorce Records in Delaware?

To get your divorce records sealed in Delaware, you will need to file a petition with the court, providing compelling reasons why the record should not be open to the public. The court would weigh the anticipated damages of making the information public and if it agrees, grant a court order sealing the record.

How Does Delaware Calculate Alimony?

Delaware courts have discretion in calculating alimony. There are no exact formulas employed in making these calculations. However, alimony is often determined by certain factors, such as:

the financial resources of both parties
the length of the marriage
the payor's ability to provide support
the recipient's ability to become self-supporting
the standard of living during the marriage

Alimony may be modified except in cases where the spouses agreed, in writing, that neither of them can request a review of the alimony in the future. Alimony may be modified if:

the receiving spouse remarries or is in cohabitation
there is a significant change in the spouse's financial situation
either spouse dies

How Do I Access Historic Divorce Records in Delaware?

If you are seeking a historic divorce record for genealogical research or Social Security reasons, you may find them by contacting the Prothonotary clerk of the county superior court, which maintains divorce records from 1975 or earlier. If the record you are seeking is from 1975 or later, you may contact the family court in the county where the divorce was granted. You may check this guide to verify the office responsible for the divorce record you are seeking.