Search New Castle County Divorce Decree
New Castle County divorce decree records are kept at the Family Court in Wilmington. The Records Department on the first floor of the Leonard L. Williams Justice Center pulls case files by name or case number. The court covers all of the county's 570,000 residents, from Wilmington and Newark to Middletown and Delaware City. You can visit the Records Department in person or send a mail request. Most walk-in jobs are done the same day. This page lists the office, phone, fees, and steps for a New Castle County divorce decree search.
New Castle County Overview
New Castle County Family Court Records
The New Castle County Family Court handles every divorce and annulment case in the county. The Records Department is in Suite 110 of the Leonard L. Williams Justice Center in downtown Wilmington. Hours run Monday through Friday, 8:30 a.m. to 4:30 p.m. The doors do not open before 8:30 a.m., so plan your arrival. The Records Department issues certified copies of a New Castle County divorce decree for $4.00 each. You can pay with check or money order made out to Family Court.
For a mail request, write a signed, notarized letter listing full names of both parties, the date of the divorce, and the case number if you have it. Include your name, date of birth, and payment. Send it to Family Court, Records Department, 500 N. King Street, Suite 110, Wilmington, DE 19801. In-person requests usually get done the same day. Mail requests take 10 to 15 business days. The court's main line is (302) 255-0300. The Records Department is at (302) 255-0241.
The main court page for New Castle County divorce decree filings is at courts.delaware.gov/family. That page links to the forms, the records policy, and contact numbers.
| 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 New Castle County Divorce Records
The best first step is a call to the Records Department. Staff can tell you if a file exists by name and rough year. Walk-ins are welcome. Come with a photo ID and the facts you know about the case. For a broader civil search, the state runs CourtConnect. That tool does not include Family Court cases but is a good source for Superior Court, Court of Common Pleas, and Justice of the Peace Court records tied to a party.
To pull a New Castle County divorce decree from Family Court, you need:
- Full names of both parties to the divorce
- Date of the divorce or the year it was granted
- Case number if known
- A valid photo ID at the counter
- Notarized signature on any mail request
The New Castle County government page lists more local offices that tie into divorce cases. The image below shows the county government portal.
The county site at nccde.org links to the Register of Wills, Recorder of Deeds, and Assessor's Office, all of which can matter in a divorce case that splits property.
Under Delaware Code Title 13 Section 1507, a Family Court petition must list the ages and addresses of both spouses, the date and place of the marriage, and any minor children. This same data is indexed at the Records Department and can help staff find the right file when you search.
Historical Records in New Castle County
Divorces granted in New Castle County from 1976 to now are at the Family Court. Older cases sit elsewhere. The New Castle County Prothonotary at 500 N. King Street in Wilmington holds divorces granted prior to 1975. The main line is (302) 255-0700. Copy fees vary by document and page count. Call ahead for the current schedule.
The Delaware Public Archives in Dover holds the oldest New Castle County divorce records. Staff-made copies are $0.50 per page. A certified copy from the historical set is $10.00. The research room is open Monday through Friday, 8:00 a.m. to 4:15 p.m. The Archives also keeps an online index for some sets, which helps when you know a year but not a case 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. The index can confirm that a divorce happened and give the county and date, but the full decree still comes from the Family Court.
Note: For any New Castle County divorce decree before 1975, start with the Prothonotary at Superior Court, then the Delaware Public Archives.
Resource Center and Self-Help
The Resource Center at the Leonard L. Williams Justice Center is the main self-help office for New Castle County divorce filers. Staff give out form packets and procedural tips but not legal advice. Hours match the Records Department, Monday through Friday, 8:30 a.m. to 4:30 p.m. Self-help computers let you fill out forms on the spot.
Forms you can get at the Resource Center include Form 442 Petition for Divorce or Annulment, Form 240 Information Sheet, Form 448 Answer to Petition, Form 279 Affidavit of Children's Rights, the Vital Statistics Form, Financial Report forms, and Separation Agreement forms. All of these are also on the state's court forms page for free download.
The New Castle County Public Law Library is on the 13th floor of the Justice Center at 500 N. King Street, Suite 1301. The phone is (302) 255-0900. Law library staff can show you where the Delaware code books, court rules, and form packets sit. They cannot give legal advice. Public computer terminals are on hand for form work. The library is a good spot when you want to look up the statute that covers your case before you file.
Delaware Laws That Shape a New Castle County Divorce Decree
Every Delaware divorce decree in New Castle County rests on Title 13 Chapter 15 of the Delaware Code. The state is a pure no-fault state. Section 1505 sets the only ground: that 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 text is at delcode.delaware.gov Title 13 Chapter 15.
Residency is set by Section 1504. At least one spouse must have lived in Delaware for six months before the court rules. Filing can start earlier. The court just cannot grant the divorce until the six-month mark. Section 1509 places an automatic restraining order at filing. Both parties are blocked from hiding or moving assets except for routine bills. The order stays in place 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 homemaker. Section 1512 covers alimony. Duration is capped at 50% of the marriage length, 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 in New Castle County
Delaware Volunteer Legal Services at 601 N. Market Street, Wilmington, takes family law cases from low-income residents. Phone is (302) 478-8680. Intake is based on income and case type. DVLS uses volunteer attorneys to offer advice and, in some cases, court time. The Delaware Law School Legal Aid Clinic at 4601 Concord Pike, Wilmington, uses supervised law students for divorce work. Phone is (302) 477-2100.
The Delaware Legal Help Link is a state-run referral site that connects filers to aid groups and pro bono lawyers. The Parent Education Class is a must when minor children are part of the case. The class runs four hours and is capped at $100 per parent by statute. Certificates of completion go in the file before the judge signs the final decree.
Cities in New Castle County
Every city and town in New Castle County files at the Family Court in Wilmington. Pick a city below for local details.
Nearby Counties
New Castle is the northern county in Delaware. Kent County sits to the south, and Sussex County follows below that.