Delaware Divorce Records
Divorce is a legal matter in Delaware, and state law allows for both contested or uncontested divorce. To file for divorce in Delaware, either you or your spouse must have lived in the state for a minimum of 6 months. Unless you are filing on the grounds of misconduct (adultery, abuse, desertion, mental incapacitation, and others), you and your spouse must also have been legally separated for at least 6 months. Divorce filings can be made in any of Delaware’s three Family Courts located in its counties. However, you must file the petition for divorce in the county where either you or your spouse lives.
Delaware divorce records, be they certificates, decrees, or court records, are open to the public for inspection. However, only parties with legitimate claims can request copies. Divorce records in Delaware can be obtained in person or via mail. The state recorded 2.3 divorces per 1,000 residents, while the national average was 2.4 divorces per 1,000 residents.
What are Divorce Records?
Delaware divorce records are official records of a legally recognized marriage dissolution. More specifically, they are documents from the Delaware court system related to a certified divorce, including divorce decrees, certificates, and court records.
Delaware maintains divorce records for various reasons. The state uses them to track marriage and divorce trends, while individuals rely on them as legal proof of their marital status. These records are essential for property division, child custody, and alimony determinations.
Divorce records originate from Delaware Family Courts. When someone files for divorce, the court generates a record that documents the entire process, from the initial petition to the final decree. This decree outlines the terms of the divorce, including asset division, child custody arrangements, and financial obligations.
Copies of divorce records are maintained by the Records Department in Delaware, where your divorce or annulment was granted. The information in these records typically includes:
- Details about the settlement, such as alimony, property division, child custody, and child support arrangements
- Grounds for the divorce
- The address of the parties involved in the divorce
- The court in which the case was filed
- The court-assigned number for tracking and reference
- The date on which the marriage occurred
- The date when the divorce was finalized
- The full names of the parties involved in the divorce
Are Divorce Records Public in Delaware?
Delaware law makes divorce records generally accessible to the public. Anyone can inspect these documents. However, obtaining certified copies requires a closer relationship to the case, such as being a party involved, a child of the divorced couple, or a legal representative. To protect sensitive information, individuals can petition to seal or redact portions of the record, including financial details, child-related information, and victim identities.
Delaware prioritizes privacy by limiting public access to highly sensitive financial data within divorce records. This includes information like income, assets, debts, and business interests. The state aims to prevent fraud, identity theft, and other financial harms. Additionally, to safeguard children's well-being, courts may seal information related to minors. While online requests are possible, accessing complete divorce records typically requires in-person visits to county offices. Limited divorce information might be available through online databases, but these sources often lack comprehensive details.
Divorce Stats and Rates in Delaware
According to the National Center for Health Statistics, Delaware had an average divorce rate compared to other states in the United States. In 2022, the state recorded only 2.3 divorces per 1,000 residents. This rate represents a decline from the previous five years, with 2017 marking the peak at 3.0 divorces per 1,000 residents. The lowest number of divorces per 1,000 persons was 2.3 recorded in 2020 and 2022.
According to the Delaware Health Statistics Center, Delaware experienced a slight decrease in total divorces between 2010 and 2019. The state recorded 2,839 divorces in 2019, a 10% drop compared to 2010. However, this figure represents a 5% increase from the previous year. Notably, over 1,100 children under 18 were affected by these divorces in 2019. Educational attainment varied among divorcing couples, with a majority holding at least a bachelor's degree.
Demographic trends also influenced divorce rates in Delaware. While same-race couples constituted the majority of divorces, the number of divorces among multiracial couples increased. Non-Hispanic white couples accounted for the largest share of divorces, followed by non-Hispanic black couples. 7% of divorces occurred among Hispanic couples and multiracial couples accounted for 20% of divorces for the same time period.
Grounds for Divorce in Delaware
Delaware operates on a no-fault divorce system. This means spouses do not need to prove wrongdoing to end a marriage. Instead, they must demonstrate that the marriage is irretrievably broken, despite attempts at reconciliation. Per Delaware Code Title 13. Domestic Relations 1505, there are four ways to prove an irretrievable breakdown:
- Voluntary separation
- Separation due to spousal misconduct
- Separation due to mental illness
- Separation due to incompatibility
Notably, spouses can claim separation even if living under the same roof, but without sexual relations or shared bedrooms. In cases of misconduct like adultery, abuse, or abandonment, the required separation period may be shorter than six months.
How to File for Divorce in Delaware
Delaware has specific residency requirements for divorce and annulment. At least one spouse must live in Delaware for six months before filing or be stationed there as military personnel. For civil unions, both partners must reside outside Delaware in a state that doesn't recognize civil unions, with the union established in Delaware.
Legal separation is often a precursor to divorce in Delaware. While physically living apart is common, spouses can still reside in the same home if they maintain separate bedrooms and abstain from sexual relations. Typically, couples must be separated for at least six months before finalizing a divorce unless grounds for misconduct exist. These grounds include abuse, adultery, or desertion. Proving misconduct requires presenting evidence to the court.
Individuals seeking divorce must complete specific forms for their divorce or annulment filing. Required forms are mandatory for court acceptance. Situational forms apply only if circumstances match the listed conditions.
Couples with children must attend parent education classes before finalizing a divorce. This requirement ensures parents receive guidance on co-parenting.
Delaware has specific filing locations for divorce and annulment petitions. For marriages, file in the county where either spouse resides. For civil unions, filing depends on residency and where the union was established.
Delaware Divorce Decree
The Delaware Family Court issues divorce decrees. These legal documents outline the terms of the divorce, including property division, child custody, and spousal support. A Family Court judge presiding over the divorce case is responsible for issuing the decree after reviewing all submitted information and testimony. A Delaware divorce decree includes comprehensive information about the divorce, including the division of assets and property, child custody, spousal support, alimony amounts, and visitation arrangements.
The Delaware divorce decree is the final judgment in the matter and is legally binding on both parties. The county in which the case was finalized retains Delaware divorce decrees, which are kept on file by the Records Department in that county.
Delaware counties maintain divorce decrees as public records through the Records Department. Some counties offer online access, while others require in-person requests.
How to Find and Access Delaware Divorce Records
To obtain a Delaware divorce record effectively, identify the specific record type needed, i.e., decree, certified copy, determine the appropriate custodian (county prothonotary, family court, or public archives), and understand the available access methods (online, in-person, or mail).
Offline Access
Delaware houses older divorce records (1935-1977) in county prothonotary offices or public archives. More recent records (1978-present) are typically found in the county's Family Court where the divorce occurred. While the Office of Vital Records can verify post-1935 divorces, they do not provide certified copies.
Online Access
While Delaware offers some online access to divorce records, the availability and comprehensiveness vary. Some counties provide public online access to divorce decrees, but direct contact with the county courthouse might be necessary for more detailed or certified copies. Third-party vendors may also offer access to divorce records, but the accuracy and completeness of their data can vary.
References
- https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-00-22.pdf
- https://www.cdc.gov/nchs/fastats/marriage-divorce.htm
- https://dhss.delaware.gov/dhss/dph/hp/files/divorce.pdf
- https://courts.delaware.gov/family/divorce/
- https://courts.delaware.gov/family/fcrecordaccess.aspx
- https://delaware.gov/guides/certificates/
- https://delcode.delaware.gov/title13/c015/index.html