Delaware Divorce: What You Need to Know

Divorce is the end of a marital union, and each state has its requirements. In Delaware, this process is called a dissolution of marriage and is overseen by the Family Court in each county. Understanding divorce in Delaware requires knowing the waiting period, the types of divorce available, the court process, county-level filing requirements, and how to search for divorce records..

How Does Divorce Work in Delaware?

To get a divorce in Delaware, one of the spouses must have resided in the state for six months before filing. The case must be filed in the Family Court of the county where either spouse lives.

Delaware operates under a no-fault divorce system. The main reason for divorce is the “irretrievable breakdown” of the marriage, which usually means that the spouses have been separated for at least six months. However, Delaware does recognize some fault-based reasons such as misconduct, adultery, or abuse, which may influence issues like alimony.

Once filed, there is typically a 60-day waiting period from when the petition is served until the divorce can be finalized, provided all requirements are met. An uncontested divorce, where spouses agree on property, custody, and support, may move quickly after the waiting period. A contested divorce, on the other hand, can take longer and might involve mediation, hearings, or a trial.

Types of Divorce in Delaware

Delaware law provides several approaches to divorce such as:

• Uncontested divorce: This is the situation where both spouses agree on all terms. It is faster, less expensive, and often requires only a brief court review.
• Contested divorce: In this situation, spouses disagree on custody, property, or financial support. The divorce process takes longer and may require multiple hearings.
• No-fault divorce: This is the most prevalent type in Delaware, based on the marriage being irretrievably broken and spouses having lived apart for six months.
• Fault-based divorce: This is less common but permitted in cases of adultery, physical abuse, mental illness, desertion, or substance abuse.
• Collaborative divorce: Although this is not a formal legal category, couples may opt to settle their issues through negotiation with the help of attorneys instead of going to court.
• Legal separation: Delaware lacks a formal legal separation process, but couples can apply for separate maintenance or temporary court orders while living apart.

Delaware Divorce Court Process and Forms

In Delaware, divorces are filed in the Family Court located in the county where either spouse resides. The process starts when the petitioner files a Petition for Divorce/Annulment (Form 442) with the Clerk of Family Court.

Along with the petition, additional forms may be required, like financial affidavits, a separation agreement if it is an uncontested case, and parenting plans if children are involved. Typically, these forms can be downloaded from the Delaware Family Court website or obtained from the Clerk’s Office.

Furthermore, the petition must then be served on the other spouse, known as the respondent. This service can be done by a Sheriff, a Process Server, or even certified mail. The respondent must file an answer within 20 days.

If the divorce is uncontested, the court may review the paperwork and schedule a brief hearing or grant the divorce without one. If the case is contested, hearings are required, and judges may order mediation to resolve custody or property disputes. In addition, parents of minor children must go through a Parenting Education Program before custody orders can be finalized.

The divorce is finalized when the judge signs a Final Decree of Divorce, which marks the end of the marriage and lays out terms for custody, child support, property division, and alimony.

City- and County-Level Filing Details

Divorce cases in Delaware are managed by the Family Court in each of the state’s three counties. The location and the services provided by these courts are listed below:

• New Castle County Family Court (Wilmington):
  • Courthouse: Leonard L. Williams Justice Center, 500 N. King Street, Wilmington, DE 19801.
  • Services: In this court, parenting classes are required for custody cases and individuals can find court forms online.
• Kent County Family Court (Dover):
  • Courthouse: Kent County Family Court, 400 Court Street, Dover, DE 19901.
  • Services: Anyone can obtain divorce-related forms at the Clerk’s Office and mediation is commonly required in custody disputes.
• Sussex County Family Court (Georgetown):
  • Courthouse: Sussex County Family Court, 22 The Circle, Georgetown, DE 19947.
  • Services: Parenting education is required for divorces involving children.

Since Delaware has only three counties, the divorce procedures are relatively uniform statewide. Nevertheless, it is important to check with the local Family Court clerk before filing.

How to Search for Divorce Records in Delaware

Divorce records in Delaware are open to the public, but sensitive information such as Social Security numbers, bank account details, and minor children’s information are deemed confidential. These records are maintained by the Family Court Clerk’s Office in the county where the divorce took place.

The various ways to access records include:

• At the courthouse: You can request copies directly from the Clerk’s Office. The certified copies of the final divorce decree are available for a nominal fee.
• Online: Currently, Delaware does not have a statewide public divorce record search, but individuals can find case dockets through the Delaware Judiciary’s CourtConnect system.
• Third-party services: These private websites offer record searches, but only the Family Court can issue certified documents.

Generally, divorce records consist of the names of both spouses, the date and county of divorce, the case number, and the terms of the decree. The Final Decree of Divorce is the official document proving that the marriage has legally ended.

Key Points

• Divorce in Delaware is filed in the Family Court of the county where either spouse lives.
• Before filing, at least one of the spouses must meet a six-month residency requirement.
• Although Delaware is a no-fault state, fault-based divorces are also allowed in cases of misconduct.
• After filing, there is a 60-day waiting period before the divorce can be finalized.
• It is mandatory for parents to attend a parenting education program if custody is part of the divorce process.
• Divorce records are public and available from the Family Court Clerk’s Office. In addition, anyone can view basic case information through CourtConnect.