Delaware Divorce Records: Official Certificates, Decrees, and Search Options

Delaware divorce records are official documents filed or compiled during divorce proceedings in the State of Delaware. These documents confirm the dissolution of a marriage and are available at the Family Court where the divorce was finalized, as well as at the Superior Courts and the Delaware Public Archives.

According to the Delaware Judiciary's 2024 Statistical Information, the Family Court documented 32,491 civil case filings in FY 2024, with 2,931 being divorce cases. That same fiscal year, the courts had approximately 33,216 civil case dispositions, including 3,171 divorce case dispositions.

Individuals request divorce records for various legal and personal purposes, such as record-keeping, remarriage, or changing their name. Several documents in a Delaware divorce case file are confidential, but some may be available to the public.

Official Types of Divorce Documentation in Delaware

In Delaware, divorce documents are classified into three types, each with a distinct purpose in certifying or recording the dissolution of a marriage:

• Divorce Certificate: This formal document confirms the occurrence of a divorce in the State of Delaware. A divorce certificate is commonly used for identity or legal purposes.
• Divorce Decree: This document is issued by a Delaware Family Court to finalize the dissolution of the marriage and outline all binding provisions, including custody, alimony, and property division.
• Divorce Case File: This file contains all documents filed or generated during divorce proceedings, including petitions, motions, and court orders.

Document Type	Issued By	Purpose	Contains
Divorce Certificate	Delaware Family Court	Formal proof of a divorce that can be used for verification or remarriage	Names of both parties, date, county of divorce, and case number
Divorce Decree/ Judgment	Delaware Family Court	Legally terminates a marriage and outlines the court-ordered terms	Property division, alimony, custody, visitation, and support information
Divorce Case File	Delaware Family Court or Delaware Superior Court	The complete record of a divorce case, which serves legal, administrative, and historical purposes	Petitions, motions, evidence, court transcripts, final judgment

Public Access and Confidentiality of Delaware Divorce Records

The Delaware Freedom of Information Act and Family Court Public Access Policy facilitate public access to divorce records. Therefore, anyone can inspect or copy divorce documents, such as complaints, petitions, and court orders, from the Delaware Family Court, provided they pay the necessary copy fees. However, social documents in a divorce file (i.e., psychological evaluations, social histories, or custody investigations) are not released to members of the public unless by court order.

What Information Do Delaware Divorce Records Include?

Delaware divorce records contain important information concerning the formal termination of a marriage. These records may contain

• Full names of both spouses
• Date and place of divorce
• Name of court and case number
• Date of marriage
• Grounds for divorce
• Final judgment or decree
• Property partition and alimony information
• Child custody, visitation, and support agreement
• Names of the attorneys of record
• Filing dates and court orders

Each Family Court in Delaware keeps its own records. Therefore, the specific information provided varies by location and document type. Basic case details are typically public. However, sensitive information, such as financial data or information concerning children, is generally kept confidential.

Procedures for Locating Divorce Records in Delaware

Divorce records in Delaware can be obtained from various governmental sources, depending on when and where the divorce was finalized. The Family Court in each county keeps the majority of current divorce records, but older documents may be held at the Delaware Public Archives. Limited information or case summaries are also available for free through the Delaware Case Search Database. Copy fees vary depending on the agency and document type, but typically range from $1 to $15.

Record Source	Office or Platform	Years Covered	Access Type	Fees
Delaware Judicial Branch	Delaware Case Search Database	Varies	Case summaries	Free
County Clerks	County Family Court	1978 to present	Divorce decrees and case files	$4 for a certified copy; $1 for an uncertified copy
	County Superior Court	1977 and earlier		$15
State Archives	Delaware Public Archives	Records 60 years old and earlier	Manual and digital searches	Divorce decree: $10 (see other fees)

How to Request Certified Copies of Divorce Records in Delaware

Certified copies of divorce records are official documents that verify the legal dissolution of a marriage. They carry the court's seal and signature as proof that they can be used for legal purposes. Certified copies of divorce records differ from uncertified copies in that they are legally recognized as accurate copies of the original record.

Here's how a person can get a certified copy of a divorce record in Delaware:

Step 1: Determine the Records Custodian

The Delaware Family Courts maintain certified copies of divorce records from 1978 to the present, while the Superior Courts Prothonotary's offices hold records from 1977 and earlier. Individuals can access older divorce files through the Delaware Public Archives (DPA)

Step 2: Submit a Request

The Record Departments of Delaware Family Courts issue certified copies of divorce records by mail and in person. Requesters will need to provide a name, date of birth, and a valid photo ID. All in-person requests must be made during business hours, and mail requesters must submit a written request that contains their notarized signature.

The Superior Courts Prothonotary's Offices disseminate certified copies of divorce records in person and by mail upon request. Mail requesters can send an Application for Access to Court Records form, along with the necessary fees, to the court.

(Those seeking copies of divorce decrees from the DPA should send an email to archives@delaware.gov or call (302) 744-5000.)

Step 3: Pay the Copy Fee

Fees for certified copies of divorce records vary depending on the custodian of the record. For example, the Delaware Family Court charges $4 per certified copy, while the Superior Court assesses $15 per certified copy of a divorce document.

Copy Type	Where to Request	Who Can Order	Legal Use
Certified Divorce Case File	Family Court Superior Court	Anyone, except as restricted by state statute, common law, or court rule	Background checks, legal research, appeals
Certified Divorce Decree	Family Court	The spouses or their legal representatives	Legal proof for remarriage, name change, or enforcement
Informational Copy (Divorce Decree)	Family Court Delaware Public Archives	General public	Genealogical or personal purposes

Why Search for Divorce Records in Delaware?

Delaware residents often need copies of their divorce records to verify the legal dissolution of their marriage. This is commonly required when updating identification, applying for a new marriage license, or addressing property and inheritance matters. Additionally, these records are valuable for background checks, legal claims (like probate), and financial transactions where proof of marital status is necessary. Researchers and genealogists may also use earlier divorce data to investigate family histories or social trends.

How Long Are Divorce Records Kept in Delaware?

According to the Delaware Superior Court Retention Schedule, once a divorce has been granted, the divorce case file is prepared for filming or transfer to the Delaware Public Archives. The record remains in the court's Records Center for up to 60 years until microfilming occurs, and it stays in the court's active custody. After microfilming, one copy of the microfilm will be retained by the court, and the DPA will keep a master security microfilm copy. The original record may eventually be destroyed afterward. At the end of the 60-year retention period, the records are transferred to the DPA for permanent preservation and storage.