Delaware divorce records are public and open to inspection, but only the divorced parties and close family members may obtain copies. A certified copy of a Delaware divorce decree costs $4.00 and a non-certified copy costs $1.00, per the Delaware Family Court. Sensitive data is redacted, and records are not available online.
The question "are divorce records public Delaware" has a two-part answer that trips up most people: the general public can inspect divorce case records at the Family Court, but obtaining actual copies is restricted to parties with a legitimate legal claim. Delaware Family Court records are custodied in the county where the divorce occurred, and there is no online portal for public divorce filings. Below, this guide explains exactly who can see what, what it costs, how to seal records, and how the process fits into Delaware's broader no-fault divorce framework under Title 13, Chapter 15 of the Delaware Code.
Key Facts: Delaware Divorce Records & Filing
| Item | Delaware Detail | Statute / Source |
|---|---|---|
| Certified decree copy fee | $4.00 | Delaware Family Court |
| Non-certified copy fee | $1.00 | Delaware Family Court |
| Divorce filing fee | $175 ($165 petition + $10 security) | 13 Del. C. § 1507 |
| Waiting period | 6-month separation before decree | 13 Del. C. § 1507 |
| Residency requirement | 6 months in Delaware | 13 Del. C. § 1504 |
| Grounds | Irretrievable breakdown (no-fault) | 13 Del. C. § 1505 |
| Property division type | Equitable distribution | 13 Del. C. § 1513 |
| Online record access | Not available | Family Court Public Access Policy |
Fees as of January 2026. Verify with your local clerk.
Are Divorce Records Public in Delaware?
Divorce records are open to public inspection in Delaware, meaning any member of the public may request to view a divorce case file at the Family Court. However, only parties with a legitimate legal claim — the divorced spouses, their children, parents, close family members, and legal representatives — can request actual copies. This split between inspection and copying is the single most important rule governing public divorce filings in Delaware.
Delaware operates on a presumption of openness for court records, consistent with common-law public access traditions. The Family Court Public Access Policy governs which materials the public may inspect and which remain confidential. When someone asks "are divorce records public Delaware," the accurate answer is that the docket and most filings are viewable, but sensitive attachments and copies are restricted. This protects litigants while preserving judicial transparency. Records from 1978 to the present are held at the Family Court in the county where the divorce was granted, while older divorce records from 1935 to 1977 are typically held at the county prothonotary or the Delaware Public Archives.
What Information in a Delaware Divorce Record Is Confidential?
Certain categories of information are automatically shielded from public view in Delaware divorce records, including Social Security numbers, financial account details, child support agreements, and the identities of minors. The Family Court redacts this data from any copies released, and additional material can be sealed by court order under the Family Court Public Access Policy. Roughly a dozen data types receive protection.
Delaware courts treat family matters as more sensitive than ordinary civil litigation, so the redaction rules are broad. A divorce records search in Delaware will not reveal a party's Social Security number, bank or retirement account numbers, minor children's full identifying information, or the identity of any victim of sexual abuse. Child support and custody terms may also be restricted. This heightened divorce records privacy reflects the reality that family files often contain financial affidavits, parenting plans, and disclosures about children. Even where a record is technically open to inspection, the court balances the public's interest in transparency against the parties' legitimate privacy interests. Anyone conducting public divorce filings research should expect a redacted version, not the raw file.
How Do You Search for Delaware Divorce Records?
To conduct a Delaware divorce records search, you must contact the Clerk of Court at the Family Court in the county where the divorce was filed, because Delaware provides no online public portal for family records. The three custodial courts are in New Castle, Kent, and Sussex counties, open Monday through Friday, 8:30 a.m. to 4:30 p.m. In-person visits with valid photo identification are typically required.
Delaware's lack of an online divorce records search tool distinguishes it from many states that publish civil dockets on the web. Because family files are considered sensitive, the state requires requesters to visit the Records Room of the relevant Family Courthouse in person. The three locations are: New Castle County Family Court at 500 North King Street, Wilmington, DE 19801; Kent County Family Court at 400 Court Street, Dover, DE 19901; and Sussex County Family Court at One The Circle, Georgetown, DE 19947. If your records must be retrieved from archives, the court may assess an additional retrieval fee. Payment for copies is accepted by check or money order. Third-party websites advertising a Delaware divorce records search are not official government sources and may charge premium fees for information the court provides for a few dollars.
How Much Does a Copy of a Delaware Divorce Record Cost?
A certified copy of a Delaware divorce or annulment decree costs $4.00, and a non-certified copy costs $1.00, according to the Delaware Family Court. If the record must be pulled from archives, an additional retrieval fee may apply. These copy fees are separate from the $175 divorce filing fee and are among the lowest record-copy charges in the United States.
Delaware's record-copy pricing is notably affordable compared to states that charge $10 to $30 per certified copy. The $4.00 certified-copy fee applies to the final decree, which is the document most people need to remarry, change a name, or update financial and immigration records. A certified copy carries the court's seal and is admissible as official proof of the divorce, whereas the $1.00 non-certified copy serves informational purposes only. Payment must be enclosed with the request and is accepted by check or money order — not cash by mail. Because only the parties, their children, parents, close relatives, and legal representatives may obtain certified copies, requesters should bring proper identification proving their relationship to the case.
| Record Type | Cost | Who May Obtain It |
|---|---|---|
| Certified decree copy | $4.00 | Parties, children, parents, close family, legal reps |
| Non-certified copy | $1.00 | Same restricted group |
| Public inspection | No copy fee | General public (redacted) |
| Archive retrieval | Additional fee | Same as above |
Fees as of January 2026. Verify with your local clerk.
Can You Seal Divorce Records in Delaware?
Yes. Delaware parties may ask the Family Court to seal divorce records or redact sensitive information from public access under the Family Court Public Access Policy. To seal records, a party files a motion and must demonstrate that specific privacy interests — such as protecting a minor, a domestic-violence victim, or confidential financial data — outweigh the public's interest in open records. The court decides on a case-by-case basis.
Sealing a divorce record in Delaware is not automatic; it requires a court order granted only after a party shows good cause. The default remains public access, so the burden falls on the moving party to justify confidentiality. Courts most readily seal records involving minor children, allegations of abuse, or unusually sensitive financial disclosures. When a motion to seal succeeds, the sealed portion becomes inaccessible to the public without a further court order permitting release. Even without a full seal, litigants can request targeted redaction of Social Security numbers, account numbers, and child-related details, which the court applies routinely. If you are concerned about divorce records privacy, raise the issue early — ideally at filing — so protective measures are in place before documents become part of the public file. An attorney can draft the motion and cite the specific privacy grounds the court weighs.
How Delaware's No-Fault Divorce Process Creates the Record
Every Delaware divorce record originates from a petition filed under 13 Del. C. § 1507, which requires the marriage to be irretrievably broken under 13 Del. C. § 1505. Delaware is a pure no-fault state — irretrievable breakdown is the sole ground. The petition, filed for a $175 fee ($165 petition plus a $10 court security fee), begins the case file that ultimately becomes a public record.
Delaware's divorce framework shapes what ends up in the public file. Under 13 Del. C. § 1504, either spouse must have lived in Delaware — or been stationed there in the U.S. armed forces — continuously for six months before filing. The court cannot enter a final decree until the parties have been separated for six months, per § 1507(e), though a petition may be filed before that period ends. Property is divided by equitable distribution under 13 Del. C. § 1513, which directs the court to divide marital property fairly without regard to marital misconduct. Each of these steps generates documents — the petition, financial affidavits, any parenting plan, and the final decree — that become the divorce record. An uncontested Delaware divorce can finalize in 30 to 90 days after the separation requirement is met, while contested cases often run 12 to 18 months, producing a thicker file.
Public Divorce Filings vs. Vital Records: The Delaware Distinction
In Delaware, divorce court records and divorce certificates come from different custodians, and this affects public access. The Family Court holds the case file — petition, motions, and decree. Delaware does not maintain divorce certificates through its vital records office the way it does for births and deaths; the certified decree from the Family Court serves as the official proof of divorce, costing $4.00.
Many people searching public divorce filings assume a state health department issues "divorce certificates" like birth certificates, but Delaware's system centers on the Family Court decree. The decree is the authoritative document proving the marriage ended and the effective date. Because the Family Court is the custodian, all copy requests — certified or non-certified — route through the county Family Court that granted the divorce, not a central vital-records bureau. This matters for a Delaware divorce records search: you must identify the correct county of filing. If you don't know where the divorce occurred, you may need to contact all three county Family Courts. For divorces before 1978, the search shifts to the county prothonotary or the Delaware Public Archives, which hold the older records under different access procedures.
Protecting Your Privacy in a Delaware Divorce
To protect divorce records privacy in Delaware, litigants should minimize sensitive data in filings, request redaction of financial and child-related details, and, where justified, move to seal specific documents under the Family Court Public Access Policy. Because Delaware records are not published online and copies are restricted to parties, the practical exposure is lower than in many states — but the file remains open to in-person inspection.
Strategic privacy planning starts before you file. Because the general public can inspect (though not copy) most of the divorce file, anything you submit could theoretically be viewed at the courthouse. Practical steps include redacting account numbers on financial affidavits, using initials for minor children where the court permits, and negotiating a settlement agreement that keeps detailed financial terms in a separately handled document when possible. If your case involves domestic violence, a custody dispute, or a high-net-worth estate, discuss sealing options with counsel early. Delaware's structure — no online access, restricted copying, and available sealing — already provides meaningful protection, but those safeguards work best when invoked proactively rather than after documents are filed. An attorney familiar with the local Family Court's practices can tailor these measures to your county and judge.