New Castle County Divorce Records
What Are New Castle County Divorce Records?
Divorce records in New Castle County are official legal documents that provide documentation of the dissolution of marriage between two individuals. These records are maintained by the Family Court of Delaware and constitute part of the public record system in accordance with Delaware Code Title 13 § 1522, which governs divorce proceedings in the state. Divorce records typically include the final decree of divorce, which is the court's formal order terminating the marriage.
Divorce records serve multiple important functions:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change processes
- Verification for Social Security benefits claims
- Supporting documentation for loan applications
- Required evidence for immigration matters
- Historical and genealogical research purposes
The Family Court of Delaware maintains these records in accordance with state statutes that govern both the creation and maintenance of such documents. Under Delaware law, divorce proceedings are formally known as "dissolution of marriage" proceedings, and the resulting records document the legal termination of marital rights and obligations between the parties involved.
Are New Castle County Divorce Records Public?
New Castle County divorce records have a complex public access status that varies depending on the specific document type and information contained therein. Generally, court divorce case files are considered public records pursuant to Delaware Freedom of Information Act § 10002, but with significant exceptions and limitations.
The public accessibility of divorce records is governed by the following guidelines:
- Basic divorce decree information (names of parties, date of divorce, case number) is generally available to the public
- Detailed financial information, custody arrangements, and sensitive personal information may be redacted or restricted
- Records containing information about minor children have heightened privacy protections
- Cases involving domestic violence may have restricted access pursuant to Delaware Code Title 10 § 1046
- Certified divorce certificates have restricted access limited to:
- The parties named in the divorce
- Their legal representatives
- Individuals with a demonstrable legal interest
- Those with a court order authorizing access
The Family Court of Delaware balances the public's right to access government records with the privacy interests of individuals involved in divorce proceedings. Court records may be accessed through the Family Court, while certified divorce certificates must be requested through the Office of Vital Statistics.
How To Find a Divorce Record In New Castle County in 2026
Members of the public seeking divorce records in New Castle County may utilize several methods to locate these documents. The process varies depending on the type of record sought and the requester's relationship to the case.
To obtain divorce records, individuals may follow these steps:
- Determine the specific divorce record needed (court file, certified decree, etc.)
- Identify the appropriate agency:
- For court files: Contact the New Castle County Family Court
- For certified divorce certificates: Contact the Office of Vital Statistics
For Family Court divorce records:
- Visit or contact the New Castle County Family Court Records Department
- Provide the names of both parties and approximate date of divorce
- Present valid photo identification
- Pay applicable search and copy fees
Family Court of Delaware - New Castle County
500 N. King Street
Wilmington, DE 19801
302-255-0300
Family Court of Delaware
For certified divorce certificates:
- Complete the Certificate Application Form
- Provide proof of identity and legal right to access
- Submit the required fee
- Submit request in person or by mail to:
Office of Vital Statistics - New Castle County
258 Chapman Road
Newark, DE 19702
302-283-7130
Office of Vital Statistics
Requesters should note that processing times vary based on current volume and staffing levels at each agency.
How To Look Up Divorce Records in New Castle County Online?
New Castle County offers limited online access to divorce records through several digital platforms. The availability of records online is subject to privacy restrictions and system limitations.
To search for divorce records online, members of the public may utilize:
-
The Delaware Courts' eCourtPlus system which provides:
- Case status information
- Docket entries
- Basic case information
- Limited document access for registered users
-
The New Castle County Document Search portal for:
- Property-related divorce documents
- Name change records related to divorces
- Other public records that may reference divorce proceedings
Online search requirements typically include:
- At least one party's full name
- Approximate date range of the divorce filing or finalization
- Case number (if known)
- Creation of a user account for certain systems
- Payment of applicable search fees
It is important to note that comprehensive divorce file contents are generally not available online due to privacy considerations. Sensitive information, including financial disclosures, custody evaluations, and certain personal identifiers, is typically excluded from online access even when the basic case information is available digitally.
For complete divorce records, in-person requests remain the most reliable method of access.
How To Find Divorce Records for Free In New Castle County?
Members of the public seeking no-cost access to divorce records in New Castle County have limited options available. While most official record requests involve fees, certain resources provide free access to basic divorce information.
Free access options include:
-
In-person review of non-confidential divorce case files at the Family Court:
- Visit the New Castle County Family Court Records Department
- Request to view specific case files (viewing only, not copying)
- Provide case number or names of parties and approximate date
- Present valid identification
-
Public access terminals at the courthouse:
- Available during regular business hours
- Provide basic case information
- Limited to non-confidential records
- No printing capabilities without payment of fees
-
Public libraries with legal research resources:
- Some libraries maintain access to legal databases
- May provide limited information on divorce cases
- Typically only include published court opinions, not full case files
New Castle County Public Law Library
Leonard L. Williams Justice Center
500 N. King Street, Suite 1301
Wilmington, DE 19801
302-255-0900
While viewing basic records may be available without charge, fees typically apply for:
- Printed copies of documents
- Certified copies of divorce decrees
- Record searches conducted by court staff
- Expedited service requests
Individuals should note that even when utilizing free access methods, identification requirements and privacy restrictions still apply to divorce records.
What's Included in a Divorce Records In New Castle County
Divorce records in New Castle County comprise several distinct documents that collectively document the legal dissolution of marriage. The content of these records is prescribed by Delaware Code Title 13 § 1507, which establishes requirements for divorce proceedings.
A complete divorce file typically contains:
-
Petition for Divorce/Dissolution of Marriage
- Names and addresses of both parties
- Date and place of marriage
- Grounds for divorce
- Residency information
- Information regarding children of the marriage
-
Summons and proof of service
- Documentation that the respondent was properly notified
-
Answer or response from the non-filing spouse
- May include counterclaims
-
Financial disclosure forms
- Income information
- Asset and debt listings
- Property valuations
-
Separation agreement (if applicable)
- Division of property and debts
- Spousal support arrangements
- Child custody and support provisions
-
Final Decree of Divorce
- Court's official judgment dissolving the marriage
- Judge's signature and date of dissolution
- Terms of the divorce settlement
- Name restoration orders (if applicable)
-
Child custody and support orders (if applicable)
- Parenting time schedules
- Support calculation worksheets
- Specific provisions for the children's care
The level of detail in divorce records varies based on whether the divorce was contested or uncontested, whether minor children were involved, and the complexity of property division and other issues addressed in the proceedings.
How To Get Proof of Divorce In New Castle County?
Individuals requiring legal proof of divorce in New Castle County have several options for obtaining official documentation. The type of proof needed often depends on the purpose for which it will be used.
To obtain proof of divorce, requesters may:
-
Request a certified copy of the divorce decree from the Family Court:
- Submit a written request to the Records Department
- Provide names of both parties and date of divorce
- Include case number if known
- Pay the certification fee ($10-$25 per copy)
- Present valid photo identification
-
Obtain a Certificate of Divorce from the Office of Vital Statistics:
- Complete the certificate application form
- Provide proof of identity and legal right to access
- Submit the required fee ($25 per certificate)
- Allow 2-4 weeks for processing
-
Request exemplified copies for use in other states or countries:
- Submit request to the Family Court
- Pay additional exemplification fees
- Allow extra processing time
Family Court of Delaware - New Castle County Records Department
500 N. King Street
Wilmington, DE 19801
302-255-0300
Family Court Records Department
For divorce records prior to 1975, requesters may need to contact:
Delaware Public Archives
121 Martin Luther King Jr. Blvd. North
Dover, DE 19901
302-744-5000
Delaware Public Archives
Acceptable forms of identification include government-issued photo ID such as a driver's license, passport, or state identification card.
Can a Divorce Be Confidential In New Castle County?
Under certain circumstances, divorce proceedings and records in New Castle County may be subject to confidentiality protections. While Delaware courts generally operate under principles of open access, specific provisions in Delaware Code Title 13 § 1516 and court rules allow for confidentiality in divorce cases.
Circumstances that may warrant confidentiality include:
- Cases involving domestic violence or abuse
- Matters affecting the safety or welfare of minor children
- Proceedings containing sensitive financial information
- Cases involving allegations of substance abuse or mental health issues
- Situations where public disclosure would cause undue harm
To request confidentiality in divorce proceedings:
- File a motion for confidentiality with the Family Court
- Demonstrate compelling reasons for restricting public access
- Specify which documents or information should be protected
- Obtain a court order sealing specific records or the entire case
Even when records are not fully sealed, certain information is routinely redacted from public divorce files, including:
- Social Security numbers
- Financial account numbers
- Names and identifying information of minor children
- Medical and mental health information
- Victim information in cases involving domestic violence
The court balances the public's right to access judicial records against legitimate privacy concerns on a case-by-case basis. Confidentiality orders are typically narrowly tailored to protect specific information while maintaining appropriate public access to the judicial process.
How Long Does a Divorce Take In New Castle County?
The duration of divorce proceedings in New Castle County varies significantly based on multiple factors. Under Delaware law, specifically Delaware Code Title 13 § 1504, certain waiting periods and procedural requirements affect timeline expectations.
Key factors influencing divorce timeframes include:
- Type of divorce filing (contested vs. uncontested)
- Statutory separation period requirements
- Complexity of asset division and financial matters
- Child custody and support determinations
- Court calendar congestion
- Cooperation level between parties
Approximate timeframes for New Castle County divorces:
-
Uncontested divorces with complete agreement:
- Minimum 60 days from filing to finalization
- Typically 2-4 months total processing time
-
Contested divorces with limited issues:
- 6-9 months from filing to finalization
- Requires compliance with mandatory mediation
-
Complex contested divorces:
- 12-18 months or longer
- May involve multiple hearings, evaluations, and discovery
According to Delaware Family Court statistics, approximately 70% of divorce cases in New Castle County are resolved within 9 months of filing. The mandatory separation period in Delaware (6 months for incompatibility, 12 months for separation) must be completed before filing, which adds to the overall timeline from marital breakdown to final decree.
Current court processing times may be affected by case volume and staffing levels. The Family Court provides case status information to help parties track their proceedings.
How Long Does New Castle County Keep Divorce Records?
New Castle County divorce records are subject to retention schedules established by the Delaware Supreme Court and the Delaware Public Archives. These schedules determine how long different types of divorce records must be maintained by government agencies.
The retention periods for divorce records are as follows:
-
Family Court case files:
- Permanent retention of final decrees and judgments
- Supporting documentation maintained for 20 years after case closure
- After retention period, selected records transferred to Delaware Public Archives
-
Office of Vital Statistics divorce certificates:
- Permanent retention
- Maintained indefinitely as vital records
-
Electronic case management records:
- Permanent retention of basic case information
- Maintained in court database systems indefinitely
The retention and disposition of court records is governed by Supreme Court Administrative Directive No. 174, which establishes the Records Retention Schedule for the Delaware Judiciary. This directive ensures that essential legal records are preserved while allowing for the appropriate disposition of temporary records.
Historical divorce records (generally those over 50 years old) may be transferred to:
Delaware Public Archives
121 Martin Luther King Jr. Blvd. North
Dover, DE 19901
302-744-5000
Delaware Public Archives
Researchers seeking historical divorce records should note that access policies may differ for archival records compared to current court records.
How To Get a Divorce In New Castle County
Individuals seeking to dissolve a marriage in New Castle County must follow procedures established by the Family Court of Delaware in accordance with Delaware Code Title 13 Chapter 15, which governs divorce and annulment.
The divorce process in New Castle County includes these key steps:
-
Meet residency requirements:
- Either spouse must be a Delaware resident for at least 6 months
- Military exception: Service members stationed in Delaware for 6+ months
-
Establish grounds for divorce:
- Incompatibility (most common)
- Voluntary separation for 6+ months
- Other statutory grounds as applicable
-
File petition and related documents:
- Complete Petition for Divorce/Annulment
- File at New Castle County Family Court
- Pay filing fee (approximately $150-$200)
- Fee waivers available for qualifying individuals
-
Serve documents on spouse:
- Sheriff service
- Certified mail
- Personal service by third party
- Publication (if spouse cannot be located)
-
Participate in mandatory mediation (if children involved)
-
Attend hearing:
- Uncontested: Brief hearing before Commissioner
- Contested: May require multiple hearings
-
Obtain final decree:
- Signed by judge
- Establishes legal end of marriage
- Incorporates settlement terms
Family Court of Delaware - New Castle County
500 N. King Street
Wilmington, DE 19801
302-255-0300
Family Court of Delaware
Self-represented litigants may utilize resources provided by:
Delaware Legal Help Link
Legal Help Link
Delaware Volunteer Legal Services
601 N. Market Street
Wilmington, DE 19801
302-478-8680
DVLS
How To Get Divorce Papers In New Castle County
Individuals initiating divorce proceedings in New Castle County have several options for obtaining the necessary divorce forms and paperwork. The Family Court provides standardized forms for divorce filings in compliance with Delaware Code Title 13 § 1504.
To obtain divorce papers, individuals may:
-
Access forms online through the Family Court website:
- Visit the Family Court Forms page
- Download and print the Divorce/Annulment Packet
- Forms include petition, financial disclosures, and service documents
-
Visit the Family Court in person:
- Forms available at the Resource Centers
- Staff can identify required forms (but cannot provide legal advice)
- Self-help computers available for form completion
-
Request forms by mail:
- Contact the Family Court Records Department
- Specify forms needed
- Provide self-addressed stamped envelope
Required forms typically include:
- Petition for Divorce/Annulment
- Information Sheet
- Request for Notice
- Vital Statistics Form
- Financial Report forms
- Separation Agreement (if applicable)
- Child support calculation worksheet (if children involved)
Family Court of Delaware - New Castle County Resource Center
500 N. King Street
Wilmington, DE 19801
302-255-0300
Family Court of Delaware
Additional assistance with divorce paperwork is available through:
Legal Help Link
Legal Help Link
Delaware Law School Legal Aid Clinic
4601 Concord Pike
Wilmington, DE 19803
302-477-2100
Individuals should ensure they have the most current version of all forms, as requirements may change periodically based on court rule updates.