Wilmington Divorce Decree Records
A Wilmington divorce decree is kept by the New Castle County Family Court at 500 N. King Street in downtown Wilmington. The Records Department on the first floor of the Leonard L. Williams Justice Center pulls case files for any Wilmington resident who wants a certified copy or a plain copy of a divorce record. This page walks through the steps to search, request, and pull a divorce decree tied to a Wilmington case. It lists the right office, phone lines, forms, and local aid groups that help with the paperwork from start to finish.
Wilmington Divorce Decree Overview
Wilmington Divorce Decree at Family Court
Every Wilmington divorce decree since 1976 sits at the New Castle County Family Court. The court is in the Leonard L. Williams Justice Center at 500 N. King Street, Wilmington, DE 19801. The Records Department is in Suite 110. Hours run Monday through Friday, 8:30 a.m. to 4:30 p.m. The main line is (302) 255-0300. The Records Department direct line is (302) 255-0241. The fee for a certified copy of a Wilmington divorce decree is $4.00. Plain copies cost $1.00 per page.
Wilmington is the largest city in Delaware. It is also the county seat. All civil family cases from the city land here. The court hears divorce, custody, child support, and protection from abuse cases. A Wilmington divorce record cannot be pulled from any other county court. The full case, from petition to signed decree, stays in the Family Court file.
To get a copy of a Wilmington divorce decree in person, walk into Suite 110 with a photo ID and the names of both spouses. Most in-person jobs are done the same day. For mail requests, you need a signed and notarized letter. List both full names, the date or year of the divorce, and any case number you have. Include your name, date of birth, and a check or money order payable to Family Court. Mail the packet to Family Court, Records Department, 500 N. King Street, Suite 110, Wilmington, DE 19801. Turnaround on mail is about 10 to 15 business days.
The state portal for the court is at courts.delaware.gov/family. That site links to the forms page, the record access policy, and the fee sheet.
The image below shows the Family Court divorce page on the state courts site.
The full Family Court section is at courts.delaware.gov/family, and it is the first stop for any Wilmington divorce decree search.
| 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 |
How to Search a Wilmington Divorce Record
The first step is a short call to the Records Department. Staff can tell you if a file exists by name and year. This saves a trip. A Wilmington divorce decree is pulled by party name and case number. If you have neither, staff can still search by year of the divorce. The search is free. Only the copy fee and the certification fee get charged.
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, but it can show that a case was filed. That matches a Wilmington divorce record to a case number. With the case number in hand, the Records Department can pull the decree much faster.
To pull a Wilmington divorce decree from the Records Department, bring or mail:
- Full legal names of both parties
- Year the divorce was granted
- Case number if you have one
- Photo ID at the counter
- Notarized signature on a mail request
- Payment by check or money order
Under Delaware Code Title 13 Section 1507, the petition that starts every Wilmington 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 your request to a file.
Note: Call the Records Department before a trip to confirm the file is available and that the clerk has time that day.
Wilmington and New Castle County
Wilmington is the main city of New Castle County. The city holds the county's courts, the Family Court records room, and most state offices tied to a divorce case. A divorce decree granted to a Wilmington resident is filed here and stays here, from the first petition to the signed final order.
The county government page for Wilmington has links that matter when a divorce splits a home, a bank account, or a plot of land. The New Castle County site shows the Recorder of Deeds, the Register of Wills, and the Assessor's Office, all of which can tie into a Wilmington divorce decree with property.
The image below shows the county page for the city of Wilmington.
You can view the county's page for the city at nccde.org/156/Wilmington, which links into the broader county site for property, tax, and probate records.
Howard R. Young Correctional Institution sits just outside the city. It rarely affects a Wilmington divorce decree case. A spouse held there can still file or answer a petition by mail through the court's service rules.
Older Wilmington Divorce Records
The Family Court holds Wilmington divorce records from 1976 forward. Older files sit at other offices. For a Wilmington divorce decree granted before 1975, start 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 Wilmington divorce record sets. Staff-made copies are $0.50 per page. A certified copy from the historical files is $10.00. The research room runs Monday through Friday, 8:00 a.m. to 4:15 p.m. An online index covers some date ranges and helps narrow a search when you know a year but not a docket number.
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. That office cannot give out the full decree. It can confirm a divorce happened and list the county and date of record. With that data, the Family Court Records Department can pull the full Wilmington divorce decree.
Delaware Law Behind a Wilmington Divorce Decree
Every Wilmington 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 is online at delcode.delaware.gov Title 13 Chapter 15.
Section 1504 sets the residency rule. At least one spouse must have lived in Delaware for six months before the court rules. A Wilmington filer can start the case earlier, but the court cannot sign the final decree until the six-month mark passes. Section 1509 triggers an automatic restraining order at filing. Both parties are blocked from hiding or moving assets during the case, except for routine bills and normal living costs. The order runs until the case ends.
Section 1513 covers property. Delaware follows equitable distribution. The court 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 contributions as a homemaker. Section 1512 covers alimony. Duration is capped at 50% of the marriage length for most cases, but marriages of 20 years or more have no cap. Section 1514 lets a party restore a maiden or former name through the final decree.
Legal Help for a Wilmington Divorce
Three groups in Wilmington handle divorce help for low-income residents. Delaware Volunteer Legal Services is at 601 N. Market Street, Wilmington. Phone is (302) 478-8680. DVLS uses volunteer lawyers to give advice and, in some cases, court time. Intake runs through an income screen and a case type check. A Wilmington divorce decree case with children or with 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 to run divorce cases start to finish. That keeps the fee at zero for residents who pass the intake screen. The Delaware Legal Help Link is a statewide referral tool that pushes Wilmington residents to the right group.
The New Castle County Public Law Library is a solid spot for self-help research. It sits on the 13th floor of the Justice Center at 500 N. King Street, Suite 1301. Phone is (302) 255-0900. Law library staff can point to the Delaware code books, court rules, and form packets. They cannot give legal advice. Public computer terminals are on hand for form work. This is a good first stop when you want to look at Title 13 Chapter 15 before you file.
The Resource Center at the Justice Center gives out forms and procedural tips. Form 442 is the Petition for Divorce or Annulment. Form 240 is the Information Sheet. Form 448 is the Answer. Form 279 is the Affidavit of Children's Rights. All are at the state court forms page for free download. The Parent Education Class runs four hours and is a must when minor children are in a Wilmington divorce decree case. The class is capped at $100 per parent by statute.
Nearby Cities in New Castle County
Every city in New Castle County files at the same Family Court in Wilmington. Pick a nearby city below for local contact details.