Either spouse can file for a no-fault divorce in Delaware. Although some states still recognize fault-based divorce grounds such as fraud, abandonment, or adultery, Delaware is a no-fault divorce state, and does not recognize one spouse’s infidelity as grounds for divorce.
Are divorce records public in Delaware?
Are Delaware Divorce Records Public Information? Delaware divorce records in the state of Delaware are public information. However, certified copies of these records may only be obtained by individuals listed on the record and these individuals’ children, parents or legal representatives.
How do I find out if someone is divorced in Delaware?
To obtain copies of Delaware divorce records, submit a request to the Records Department of the Family Court in the county where the divorce was granted. Most Delaware Family Courts accept in-person and mail requests for court records.
Is there a public list of divorces?
Fortunately, there are ways in which you can access this information, as much like births, deaths and, yes, marriages; divorces are a matter of public record.
Are Delaware marriage records public?
Marriage records in Delaware are confidential and are only available to the bride and groom or their immediate family members for the first 50 years after the date of the wedding. Delaware marriage certificates that are more than 50 years old are public records and are available to anyone.
Can I get my divorce decree online?
There seem to be many false rumours spread on the internet that lead people to believe that divorce records can be downloaded from the Department of Home Affairs. But this is unfortunately not possible. Divorce decrees must be obtained from the court where the divorce was finalised, which can be a tedious process.
Where do I get a copy of my divorce decree in Delaware?
- Supreme Court. Court of Chancery. Superior Court. Family Court. Court of Common Pleas. Justice of the Peace. Administrative Office of the Courts.
- eServices. eServices.
What is a wife entitled to in a divorce in Delaware?
Generally, the court considers the length of the marriage, the age, health, income, education, and needs of each party. Either spouse may be awarded alimony for up to a period equal to half the length of the marriage; however, there is no time limit for marriages lasting 20 or more years.
How do I know if my divorce is final?
When Is a Divorce Final? Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed.
Can I check if someone is divorced?
Divorce records, like marriage records, are public. You can search for divorce records from the comfort of your own home, or you can visit the state’s Department of Health and Vital Records. Although records are sometimes free, you might need to pay to use certain private or state services.
Are divorce settlements made public?
The only information that it contains is that you were once married, that the courts gave you permission for a divorce and that the divorce has been made absolute – final, without any condition or incumbrance. Only if you went to court to defend a petition would details of the divorce be available to the public.
Are grounds for divorce made public?
As such, the reasons for divorce are not made public. What is almost always publically available is the fact that you have actually been divorced. The decree absolute (commonly thought of as a divorce certificate) can be obtained by anyone, as with marriage or birth certificates.
How do I find marriage records for free?
FamilySearch is a free website with indexes and some images to many Family History Library vital records collections. GenWed is a free genealogical research database for marriage records and a directory to other marriage records online for the United States.
How long does it take to finalize a divorce in Delaware?
In Delaware, the timing of a divorce is as follows: First there must be a separation of at least 6 months. After that, because most divorce proceedings are uncontested – no fault – the divorce can occur within 2-3 weeks, once jurisdictional requirements are met.
How do I look up charges in Delaware?
The Superior Court, Court of Common Pleas and Justice of the Peace Court now offer the ability to access civil case information online 24-hours a day through CourtConnect. CourtConnect allows access to civil dockets by: searching a person’s name, business name or case type.
Can I get a copy of my marriage certificate after divorce?
Generally, the courts do not return marriage certificates following a divorce having been finalised as both the Petitioner and Respondent are sent a document (the aforementioned Decree Absolute) confirming that their marriage has legally ended.
How do I claim my pension after divorce?
(Pension interest means the pension that has been accumulated by the date of divorce.) If there is a divorce order, an ex-spouse must complete a Choice Form where they choose whether they want to take the benefit as a lump sum or whether they want to transfer it to another approved retirement fund.
How long after divorce papers are signed Is it final?
Filing divorce papers is done after you and your spouse have been separated for at least one year. The length of time you can expect to wait until your divorce is finalised after lodging the application is usually about four months.
How do I find marriage records in Delaware?
The Office of Vital Statistics holdings contain marriage certificates newer than 50 years. If you were married after 1969 contact the Office of Vital Statistics at (302) 744-4549 or online to order a certified copy of your certificate(s).
Are Family Court records public Delaware?
The Records Room is open to the public Monday through Friday (except legal holidays) from 8:30 a.m. to 4:30 p.m. 3. Do I need any identification to review my Court file? Yes.
Is inheritance marital property in Delaware?
Inheritance and Gifts In Delaware, gifts and inheritance are considered non-marital assets, even if you or your spouse acquires them during the marriage.
How long does alimony last in Delaware?
Rehabilitative alimony cannot last longer than half the length of the marriage. For example, a 10-year marriage would result in a maximum of five years of rehabilitative alimony.
What should you not say during a divorce hearing?
Don’t lie under oath or attempt to mislead the court. Not only will lying to the judge destroy your credibility. The judge could rule against you and hold you in contempt. Don’t take legal advice from your spouse or opposing counsel.
Why would a judge dismiss a divorce case?
The court may dismiss the case for lack of progress. The party seeking the divorce must comply with legal procedure requirements. The other spouse has the option to default and avoid participating in the process completely.
What happens after a divorce?
The court passes the decree of divorce on terms agreed between the couple. The decree binds the couple and is enforceable by the court,” says Singh. “In the absence of the marital property law in the country, matrimonial settlement and alimony payments have too strong an element of uncertainty and lack of clarity.