New Castle Divorce Decree Lookup
A New Castle divorce decree is kept at the New Castle County Family Court in Wilmington. City of New Castle residents file every divorce case at 500 N. King Street, the same Justice Center that holds all family court records for the county. This page walks through how to search, request, and pull a divorce decree tied to a New Castle case. It lists the right office, phone lines, fees, local aid groups, and the older record sets that hold colonial-era files from the original county seat.
New Castle Divorce Decree Overview
New Castle Divorce Decree at Family Court
The city of New Castle sits inside New Castle County. Both share the same name. All modern divorce cases from city residents are filed at the New Castle County Family Court in Wilmington. The court is at 500 N. King Street, in the Leonard L. Williams Justice Center. The Records Department is in Suite 110. A certified copy of a New Castle divorce decree is $4.00. Plain copies run $1.00 per page.
Court hours run Monday through Friday, 8:30 a.m. to 4:30 p.m. The main phone is (302) 255-0300. The Records Department direct line is (302) 255-0241. Wilmington is about 6 miles north of the city of New Castle. Route 9 and Route 13 both run between the two, and the trip takes about 15 minutes.
To get a New Castle divorce decree in person, walk into Suite 110 with a photo ID. Bring the names of both spouses and a rough year of the divorce. Most in-person jobs are done the same day. Mail requests take 10 to 15 business days. The mailing address is Family Court, Records Department, 500 N. King Street, Suite 110, Wilmington, DE 19801. A mail request must be signed and notarized.
The main court page for any New Castle divorce record is at courts.delaware.gov/family. That site links to the forms page, the record access policy, and the current fee list.
| Office | New Castle County Family Court - Records Department |
|---|---|
| Address |
Leonard L. Williams Justice Center 500 N. King Street, Suite 110 Wilmington, DE 19801 |
| Main Phone | (302) 255-0300 |
| Records Phone | (302) 255-0241 |
| Hours | Monday through Friday, 8:30 AM to 4:30 PM |
| Certified Copy Fee | $4.00 per copy |
City of New Castle and Its Court
The city of New Castle was the original county seat. It was also the colonial capital of the state. While the seat moved to Wilmington long ago, the city keeps its own local government. The City of New Castle is a separate legal body from the county. The city does not run a court. Divorce, custody, and all family cases go to the county Family Court.
The city's home page links to the mayor's office, the city council, and services like trash, water, and streets. It does not hold a New Castle divorce record. For any divorce decree request, the county Family Court is the right office.
The image below shows the city of New Castle's main website.
The city's site is at newcastlecity.delaware.gov. It does not host court records but points users to county and state offices.
A closer look at the city's government section shows the split between city offices and the county Family Court.
The government page at newcastlecity.delaware.gov/government lists staff and meeting dates but points court questions to the county.
How to Search a New Castle Divorce Record
The first step is a call to the Records Department at the Family Court. Staff can tell you if a file exists by name and year. This saves a round trip up Route 9. A New Castle divorce decree is pulled by party name and case number. If only the year is known, staff can still search. There is no search fee. Only the copy and certification fees apply.
You can also start online. The state's CourtConnect tool lists civil cases by name. It does not show sealed Family Court files in full. It can, though, confirm that a case was filed and give a case number. With a case number, the Records Department can pull a New Castle divorce record much faster.
For a smooth request, gather these items first:
- Full legal names of both spouses
- Year the divorce was granted
- Case number if you have one
- Photo ID for the counter
- Notarized signature on any mail request
- Payment by check or money order
Under Delaware Code Title 13 Section 1507, the petition that starts every New Castle divorce decree case must list the ages and addresses of both spouses, the date and place of the marriage, and the name of each minor child. That data is indexed at the Records Department and helps staff match a request to a file.
Note: For any New Castle divorce record from the colonial or 19th century era, do not call Family Court. Start with the Delaware Public Archives.
Historical New Castle Divorce Records
The city of New Castle has deep roots. It was the first county seat and the first colonial capital. Old divorce files from this era are not at Family Court. A New Castle divorce decree from before 1975 sits with the New Castle County Prothonotary. That office is also at 500 N. King Street, on the second floor. The main line is (302) 255-0700. Copy fees vary by document and page count.
The Delaware Public Archives in Dover holds the oldest New Castle divorce record sets. Staff-made copies are $0.50 per page. A certified copy from the historical file is $10.00. The research room runs Monday through Friday, 8:00 a.m. to 4:15 p.m. The Archives is the right stop for any case tied to the early years of the city, when the court of chancery and the general court handled what is now a family case.
The Office of Vital Statistics holds index files of Delaware divorces from 1935 forward. The New Castle County branch is at 258 Chapman Road in Newark. Phone is (302) 283-7130. The index can confirm a divorce took place. The full decree still comes from Family Court or, for older cases, the Prothonotary or Archives.
Delaware Law and a New Castle Divorce Decree
Every New Castle divorce decree rests on Title 13 Chapter 15 of the Delaware Code. Delaware is a pure no-fault state. Section 1505 sets the only ground: the marriage is irretrievably broken and reconciliation is not likely. Four bases prove the break. These are separation of six months, incompatibility, misconduct, or a spouse's mental illness. The full chapter sits online at delcode.delaware.gov Title 13 Chapter 15.
Residency rules come from Section 1504. At least one spouse must have lived in Delaware for six months before the court rules. A filer from the city of New Castle can start the case earlier, but the court cannot sign a final decree until the six-month mark passes. Section 1509 places an automatic restraining order at filing. Both parties are blocked from hiding or moving assets while the case runs, except for routine bills.
Section 1513 covers property split. Delaware follows equitable distribution. A New Castle divorce decree splits marital property fairly, not always in equal shares. Factors include length of the marriage, age and health of each spouse, income, earning power, and the role of each party as homemaker. Section 1512 covers alimony. The cap is 50% of the marriage length for most cases, with no cap for marriages of 20 years or more. Section 1514 lets a party restore a maiden or former name through the final decree.
Legal Help Near the City of New Castle
City of New Castle residents share legal aid groups with Wilmington. Delaware Volunteer Legal Services is at 601 N. Market Street, Wilmington. Phone is (302) 478-8680. DVLS uses volunteer lawyers to give advice and, at times, court time. Intake runs on an income screen. A New Castle divorce decree case with children or contested assets fits their work.
The Delaware Law School Legal Aid Clinic is at 4601 Concord Pike, Wilmington. Phone is (302) 477-2100. The clinic uses supervised law students for family cases. That keeps the fee at zero for residents who pass intake. The Delaware Legal Help Link is a statewide referral site that connects filers to aid groups and pro bono lawyers.
The New Castle County Public Law Library is at 500 N. King Street, Suite 1301, Wilmington. Phone is (302) 255-0900. Library staff can show you the Delaware code books, court rules, and form packets. They cannot give legal advice. Public computers are on hand for form work. The Resource Center on the first floor of the Justice Center gives out form packets for a New Castle divorce decree case. Form 442 is the Petition for Divorce or Annulment. Form 240 is the Information Sheet. Form 448 is the Answer. All forms live on the state court forms page for free download. The Parent Education Class is a must when minor children are in the case. The class runs four hours and is capped at $100 per parent by statute.
Nearby Cities in New Castle County
The city of New Castle shares its Family Court with every nearby town in New Castle County. Pick a nearby city below for local contact details.