Delaware Divorce Records

Delaware divorce records are documents concerning a divorce that are gathered, filed, and maintained by public bodies in the state. They may also be classified as court or vital records that contain information submitted or collected throughout the divorce procedure.

The term "divorce" in Delaware refers to the act of dissolving or terminating marital bonds after which both parties become legally single. This differs from annulments, which nullify marriages as if they never happened because they were illegal from the start. Also, there are no statutory provisions for legal separation in Delaware, so divorces and annulments are the only ways to end a marriage.

The grounds for obtaining an annulment are unique and different from divorce. Since Delaware recognizes no-fault divorces, a spouse must not prove that the other party was guilty of wrongdoing. The only requirement is to prove that a marriage is irretrievably broken, despite attempts at reconciliation. Generally, this may be characterized in four ways:

• Voluntary separation
• Separation due to misconduct
• Separation due to mental illness
• Separation due to incompatibility

Separation is still recognized if both parties are living under one roof and may be less than 6 months in the case of misconduct like adultery, drug abuse, abandonment, and physical violence.

Delaware has two major divorce procedures: uncontested and contested divorce. An uncontested divorce occurs when both parties have reached an agreement on divorce terms like custody, alimony, or division of assets, and the process does not usually last long. The opposite is the case for contested divorces, where at least one party refuses or challenges the divorce terms.

A spouse cannot petition the Delaware family court for divorce unless at least one party has lived in the state for at least six months before the petition is filed. The divorce is not finalized until the court issues a decree of divorce signed by the judge.

Are Divorce Records Public in Delaware?

According to Delaware public record laws, divorce records are open. However, certified copies of the divorce are typically only obtainable by the divorced individuals mentioned on the record, their children, parents, or close family members. The legal representatives of eligible requesters may also obtain documents on the client's behalf.

Therefore, the information gathered or submitted during the divorce process may be available to the public. This includes names, date of marriage, date of divorce, location, age, etc. However, certain confidential information, like social security numbers, financial details, and others, may be removed from informational copies to help parties maintain their privacy. This includes information like military details, medical records, address, contact information, etc.

Note: Attorneys, court personnel, and enforcement agents may also be able to access divorce records.

What are the Types of Divorce Records Available in Delaware?

Generally, divorce records in Delaware may be categorized into three types: divorce certificates, divorce decrees, and divorce court records.

Divorce certificate: This is a simple document or legalized paper that states the basic information surrounding a divorce, such as details about the husband, wife, children, attorney, marriage, and divorce. It is often used as proof of divorce, and certified copies may only be obtained by the parties, children, and legal representatives. Certificates may be obtained from the county's family court where the divorce occurred.

Divorce decree: This is a more detailed document than certificates. It contains the final decree of divorce and more in-depth information concerning the parties' rights and responsibilities. Information includes specific details about the agreement on custody, alimony, property division, child support, insurance, and others. Access to this record is also restricted, and copies may be obtained from the family court where the divorce was filed.

Divorce court records are transcripts or minutes of court proceedings concerning a divorce. However, since divorce hearings, trials, or proceedings are considered private by state laws, these records may only be accessible by those with direct and legitimate interest or claims. This is also available at the family court in the county where the divorce was filed.

Delaware also has two forms of divorce records: certified divorce records and non-certified divorce records.

The certified divorce records consist of the divorce decree and the divorce certificate. Both provide essential information and divorce terms for the parties involved. This type of record is usually restricted to those with direct and legitimate claims and may be used for legal purposes.

Uncertified divorce records are informational copies of divorce records or court records. They are not legal and are only for informative purposes. Both forms of divorce records are typically maintained at the family court in the county where the divorce was granted.

How do I get divorce records in Delaware?

Delaware divorce records from 1935 to 1977 are usually available at the county prothonotary or public archives. Conversely, divorce records from 1978 to the present are available at family courts in the county where the divorce occurred. Divorce records may also be obtained through third-party vendors, and the office of vital records may easily verify if a divorce occurred after 1935, but it does not issue certified copies of divorce records.

Obtaining a Delaware divorce record will be easier by following the following steps:

Step 1: Determine the type of divorce record required:

The first step is for interested persons to match their purpose with a type or form of record. For instance, if the purpose is to review a party's rights and responsibilities, the individual will need a divorce decree. If the record is required to change a name or bank details, it will most likely be certified.

Step 2: Determine the custodian of the divorce records:

Delaware divorce records are held by different custodians. Finding more recent records should be easier since there is just one major custodian: the family court where the divorce was filed. Older ones before 1978 may be in the prothonotary or public archives.

It will be easier to find divorce records or their custodians in Delaware if interested parties have certain details, such as the name, date of the divorce, and location.

Step 3: Determine record accessibility and availability:

Since divorce records are mostly restricted to certain persons, potential requesters must determine if they are qualified to access the required documents and the available means of requesting a record. For instance, certain custodians can only accept records in person or via mail, while others are also available online. If requesters are eligible, they should find out how to make requests or conduct research to provide the best experience regarding speed, ease, and costs.

Step 4: Contact the Custodian

When requesting in person, here are the steps to be taken by the requesting party;

• Visit the records department in the county where the divorce took place.
• Provide your personal name and other necessary information, or fill out forms
• Present a valid photo identification.
• Provide record details like names of parties and the date of divorce.
• Wait while the custodian reviews the request
• Pay fees to obtain copies

When requesting by mail, here are the steps to be taken:

• Write a formal request or fill out forms
• Include the requester's details and information on the divorce record
• Include a notarized signature
• Enclose required payments
• Send the written request to the Records Department in the county where the divorce was approved.

Who Can Obtain Divorce Records in Delaware?

Obtaining a divorce record in Delaware is largely based on the type of divorce. The informational or non-certified divorce record is made public, which anyone can obtain. However, certified copies or sealed records may only be viewed or obtained by parties mentioned in the records and others with direct or legitimate claims. This includes the divorced couple's children, parents, legal guardians, and legal representatives.

Are Delaware divorce records available online?

Although some requests may be made online, divorce records in Delaware cannot be found online. However, basic divorce notices or information may be found online through third-party sites, online databases, or custodian websites, although the information obtained is scanty and not guaranteed.

How do I seal my divorce records in Delaware?

As a divorce record is restricted chiefly at the time of finalization, it may not necessarily require a court order for sealing. However, like other public records, divorce records may be sealed if the parties petition the court and provide justifiable reasons why certain sensitive information in the documents should not be open to the public.

Some common reasons for filing divorce records under seal include:

• Protection of the children involved from being identified in divorce records.
• Protection of domestic violence victims.
• Protection of sensitive information like bank account numbers and social security numbers.
• Protection of proprietary business information.

The judge must be convinced that the anticipated damages caused by making the divorce records public are worse than restricting people's rights to have access to these records. Only then shall the judge grant the court order to seal the records.