Sussex County Divorce Records
What Are Sussex County Divorce Records?
Sussex County divorce records are official legal documents maintained by the Delaware Family Court that document the dissolution of marriages within the county's jurisdiction. These records are created and maintained pursuant to Delaware Code Title 13, Chapter 15, which governs divorce and annulment proceedings in the state. Divorce records serve as the definitive legal documentation that a marriage has been legally terminated.
The comprehensive collection of divorce records typically includes:
- Divorce petitions and complaints
- Summons and proof of service
- Financial affidavits and disclosures
- Property settlement agreements
- Child custody and support arrangements
- Court orders and judgments
- Final divorce decrees
These records are maintained by the Family Court of Delaware and serve multiple important purposes. Divorce records provide legal proof of marital status change, which is essential for remarriage, legal name changes, Social Security benefit adjustments, loan applications, and immigration matters. They also establish the terms of property division, alimony, child custody, and support obligations that resulted from the divorce proceedings.
Are Sussex County Divorce Records Public?
Sussex County divorce records have a nuanced public access status governed by Delaware's Freedom of Information Act and family law statutes. The accessibility of these records varies based on the specific document type and the requesting party's relationship to the case.
Court divorce case files in Sussex County are generally considered public records, with certain important exceptions:
- Basic case information (parties' names, case numbers, filing dates) is publicly accessible
- Final divorce decrees are available to the public with certain personal information redacted
- Financial affidavits and sensitive personal information are typically restricted
- Cases involving domestic violence may be sealed or redacted
- Records containing information about minor children have restricted access
Certified divorce certificates and confidential portions of divorce files have more limited accessibility. Pursuant to Delaware Code Title 13, § 1522, access to complete, unredacted divorce records is generally limited to:
- The divorced parties themselves
- Their authorized legal representatives
- Individuals with a court order authorizing access
- Government agencies performing official functions
The Delaware Family Court maintains the balance between public right to information and individual privacy protections when handling divorce record requests in Sussex County.
How To Find a Divorce Record In Sussex County in 2026
Members of the public seeking divorce records in Sussex County may follow these procedural steps:
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Determine the appropriate office based on when the divorce was granted:
- For recent divorces: Contact the Sussex County Family Court
- For historical records (over 10 years old): Contact the Delaware Public Archives
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Prepare the necessary information:
- Full names of both parties (including maiden names if applicable)
- Approximate date of divorce
- Case number (if known)
- Your relationship to the parties involved
-
Submit a written request to the Sussex County Family Court Records Department:
Family Court of Delaware - Sussex County
22 The Circle
Georgetown, DE 19947
(302) 855-7473
Family Court of Delaware
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Include the required fee payment:
- $10.00 for a plain copy of the divorce decree
- $20.00 for a certified copy of the divorce decree
- Payment methods include check or money order made payable to "Family Court"
-
Provide proper identification and documentation of your relationship to the case if requesting confidential records.
The Family Court typically processes record requests within 10-15 business days, depending on current volume and staffing levels.
How To Look Up Divorce Records in Sussex County Online?
Sussex County provides limited online access to divorce record information through several digital platforms. The following methods are available for conducting electronic searches:
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Delaware Courts CourtConnect System:
- Visit the Delaware Courts CourtConnect portal
- Select "Family Court" from the court type options
- Enter search criteria (names, case numbers)
- Note: This system provides only basic case information, not full documents
-
Delaware Public Archives Digital Collections:
- The Delaware Public Archives maintains historical divorce records
- Online indexes are searchable for older records
- Full document retrieval requires in-person or written requests
-
Third-Party Record Services:
- Commercial services may offer divorce record searches
- Official verification still requires contacting the Family Court directly
Important limitations apply to online divorce record searches:
- Complete divorce decrees are not available for download
- Confidential information is not accessible online
- Recent cases may have restricted online visibility
- Search results provide case numbers and status only
For comprehensive divorce record information, requestors must still contact the Sussex County Family Court directly to obtain official copies of documents after identifying the relevant case through online searches.
How To Find Divorce Records for Free In Sussex County?
Sussex County residents seeking no-cost access to divorce records have several options available, though free access typically provides limited information compared to paid official copies:
- In-Person Court Review:
- Visit the Sussex County Family Court during public counter hours
- Request to view publicly available divorce case files
- Bring identification and case information
- No fee for viewing records, though copying fees apply
Family Court of Delaware - Sussex County
22 The Circle
Georgetown, DE 19947
(302) 855-7473
Family Court of Delaware
Public Counter Hours: Monday-Friday, 8:30 AM - 4:30 PM
- Delaware Public Archives Research:
- Historical divorce records are available for free public inspection
- Research room access is provided without charge
- Advance appointments recommended for efficient service
Delaware Public Archives
121 Martin Luther King Jr. Blvd. North
Dover, DE 19901
(302) 744-5000
Delaware Public Archives
Research Room Hours: Monday-Friday, 8:00 AM - 4:15 PM
- Online Basic Case Information:
- Use the Delaware Courts CourtConnect system for free
- Access limited to basic case status and scheduling information
- No document downloads available through this method
While these free options provide access to basic divorce record information, certified copies and complete file access still require payment of the established fees. Researchers should note that staff assistance time may be limited for free record searches.
What's Included in a Divorce Records In Sussex County
Sussex County divorce records comprise a comprehensive collection of documents that chronicle the entire legal process of marriage dissolution. These records typically contain the following components:
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Initial Filings:
- Petition for Divorce/Dissolution of Marriage
- Summons and proof of service documentation
- Temporary orders for support, custody, or property
-
Financial Documentation:
- Financial disclosure statements from both parties
- Property and debt inventories
- Income verification documents
- Tax returns (when submitted as evidence)
-
Legal Proceedings:
- Transcripts of hearings (when recorded)
- Motions filed by either party
- Court orders throughout the case
- Mediation agreements or outcomes
-
Final Judgment Documents:
- Divorce decree/judgment
- Property settlement agreements
- Child custody and parenting time orders
- Child support calculations and orders
- Alimony/spousal support determinations
-
Post-Judgment Filings:
- Modifications to original orders
- Enforcement actions
- Appeals documentation (if applicable)
The level of detail in Sussex County divorce records varies based on case complexity, whether the divorce was contested or uncontested, and whether minor children were involved. Pursuant to Delaware Code Title 13, § 1507, all divorce records must include the statutory grounds for divorce and verification that residency requirements were met.
How To Get Proof of Divorce In Sussex County?
Individuals requiring official proof of divorce in Sussex County must obtain a certified copy of their divorce decree from the appropriate government agency. This document serves as legal verification of marital status change and is accepted for all official purposes. The process for obtaining proof of divorce is as follows:
- For Recent Divorces (within the past 10 years):
- Submit a written request to the Sussex County Family Court Records Department
- Include full names of both parties, date of divorce, and case number if known
- Enclose the $20.00 fee for a certified copy (check/money order to "Family Court")
- Provide photo identification and proof of relationship to the case
Family Court of Delaware - Sussex County
22 The Circle
Georgetown, DE 19947
(302) 855-7473
Family Court of Delaware
-
For Historical Divorces (older than 10 years):
- Contact the Delaware Public Archives
- Complete their research request form
- Provide as much identifying information as possible
- Pay applicable research and certification fees
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For Urgent Needs:
- In-person requests can be processed more quickly at the Family Court
- Bring all required identification and payment
- Call ahead to verify document availability
The certified divorce decree contains an official seal and signature, making it acceptable for legal name changes, remarriage licenses, immigration proceedings, and other official purposes requiring proof of divorce. Processing times typically range from 1-3 business days for in-person requests to 10-15 business days for mailed requests.
Can a Divorce Be Confidential In Sussex County?
Under certain circumstances, divorce proceedings and records in Sussex County may be granted confidential status. While Delaware generally maintains divorce records as public documents, Delaware Code Title 10, § 925 provides mechanisms for protecting sensitive information and, in some cases, sealing entire divorce files.
Situations where confidentiality may be granted include:
- Cases involving domestic violence or abuse
- Matters where children's safety or welfare is at risk
- Proceedings containing sensitive financial or proprietary information
- Cases where public access would cause significant harm to either party
- Divorces involving high-profile individuals where publicity could cause undue hardship
The process for requesting confidentiality in divorce proceedings includes:
- Filing a motion for confidentiality with the Family Court
- Demonstrating compelling reasons why public access would cause harm
- Obtaining a judicial order specifying which documents or information shall remain confidential
Even when full confidentiality is not granted, certain information is automatically protected from public disclosure:
- Social Security numbers
- Financial account numbers
- Names and identifying information of minor children
- Sensitive medical or mental health information
- Victim information in cases involving abuse
The court balances the public's right to access judicial records against individual privacy interests on a case-by-case basis. Parties seeking confidentiality should consult with legal counsel early in the divorce process to determine eligibility and proper procedures for protecting sensitive information.
How Long Does a Divorce Take In Sussex County?
The duration of divorce proceedings in Sussex County varies significantly based on several key factors. Under current Delaware law, the following timeframes and considerations apply:
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Minimum Statutory Waiting Period:
- Delaware requires a minimum 60-day waiting period from filing to finalization
- This period begins after proper service of divorce papers on the respondent
-
Uncontested Divorces:
- When both parties agree on all terms: 2-3 months on average
- With a separation agreement already in place: Often completed in the minimum timeframe
- If using the Delaware Divorce Self-Help Portal: Typically 60-90 days
-
Contested Divorces:
- Basic disagreements requiring negotiation: 4-8 months
- Complex asset division or custody disputes: 8-12 months
- Cases requiring multiple hearings or trial: 12-18 months or longer
-
Factors Affecting Timeline:
- Court calendar congestion in Sussex County
- Complexity of marital assets and debts
- Whether minor children are involved
- Cooperation level between parties
- Attorney scheduling and availability
- Need for expert witnesses or valuations
According to the Delaware Family Court Annual Report, the average time to disposition for divorce cases in Sussex County is approximately 6.2 months from filing to final decree. However, this average encompasses both simple and complex cases.
Parties seeking expedited proceedings should consider mediation, collaborative divorce approaches, or pre-filing negotiation of settlement terms to minimize the time required for finalization.
How Long Does Sussex County Keep Divorce Records?
Sussex County maintains divorce records according to Delaware's comprehensive records retention schedule, which establishes different preservation periods based on document type and historical significance. The retention policies are governed by Delaware Public Records Law and implemented by the Family Court and Delaware Public Archives.
Current retention periods for divorce records in Sussex County are:
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Active Court Records:
- Case files remain with the Family Court for 10 years after final disposition
- Index information is maintained permanently in the court's database
- Final divorce decrees are preserved indefinitely
-
Archived Records:
- After the initial retention period, records transfer to the Delaware Public Archives
- Complete case files for historically significant cases are preserved permanently
- For routine cases, selected documents (including final decrees) are retained permanently
- Supporting documentation may be purged after 25 years
-
Digital Records:
- Electronic case management records are maintained permanently
- Digitized documents follow the same retention schedule as paper records
- The court's transition to digital records has expanded preservation capabilities
The Delaware Public Archives serves as the permanent repository for historical divorce records from Sussex County. Their collection includes records dating back to the county's formation, providing an unbroken chain of legal documentation. Researchers seeking historical divorce records should contact the Archives directly for assistance with records that have transferred from the court's active files.
How To Get a Divorce In Sussex County
Individuals seeking to dissolve a marriage in Sussex County must follow Delaware's established legal process. The procedure involves several key steps:
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Establish Eligibility:
- Either spouse must be a Delaware resident for at least 6 months
- Verify grounds for divorce (Delaware recognizes irreconcilable differences and separation)
- Determine if you meet requirements under Delaware Code Title 13, § 1504
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Prepare and File Initial Documents:
- Complete the Petition for Divorce/Annulment
- Prepare the Information Sheet and Vital Statistics form
- File documents with the Sussex County Family Court
- Pay the required filing fee ($150-$165) or request fee waiver if eligible
Family Court of Delaware - Sussex County
22 The Circle
Georgetown, DE 19947
(302) 855-7473
Family Court of Delaware
-
Serve Divorce Papers:
- Have papers formally served on your spouse
- File proof of service with the court
- Wait for response (spouse has 20 days to answer)
-
Attend Case Management Conference:
- Court schedules initial conference after response period
- Identify contested and uncontested issues
- Receive scheduling order for next steps
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Complete Required Parent Education:
- If minor children are involved, both parents must complete education program
- File certificate of completion with the court
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Negotiate Settlement or Prepare for Hearing:
- Work toward agreement on property, support, and custody
- Consider mediation services offered through the court
- Prepare evidence and arguments for contested issues
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Attend Final Hearing:
- Present settlement agreement or argue contested issues
- Judge issues final divorce decree
- Receive certified copies of divorce decree
Self-represented litigants can access forms and guidance through the Delaware Courts Self-Help Center. The court also offers mediation services to help resolve disputes without full litigation.
How To Get Divorce Papers In Sussex County
Individuals initiating divorce proceedings in Sussex County have multiple options for obtaining the necessary legal forms. The following resources are available:
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Online Resources:
- The Delaware Family Court website provides downloadable PDF forms
- Forms include petition for divorce, financial disclosures, and service documents
- Instructions for completion are included with form packets
- Self-help guides explain filing procedures and requirements
-
In-Person Assistance:
- Visit the Sussex County Family Court Resource Center
- Staff can provide form packets and basic procedural information
- No legal advice is provided, but forms guidance is available
Family Court of Delaware - Sussex County
22 The Circle
Georgetown, DE 19947
(302) 855-7473
Family Court of Delaware
Resource Center Hours: Monday-Friday, 8:30 AM - 4:30 PM
- Legal Aid Services:
- Low-income residents may qualify for assistance from Delaware Volunteer Legal Services
- Legal Aid provides form completion help and procedural guidance
- Contact their office to determine eligibility
Delaware Volunteer Legal Services
601 N. Market Street
Wilmington, DE 19801
(302) 478-8680
Delaware Volunteer Legal Services
- Law Library Resources:
- The Sussex County Law Library maintains divorce form packets
- Reference materials explain procedural requirements
- Public computer terminals available for form completion
Required forms vary based on individual circumstances, particularly whether the divorce involves minor children, property disputes, or requests for support. All forms must be completed accurately, as incomplete or incorrect submissions may cause delays in processing. The current filing fee for divorce petitions in Sussex County is $150-$165, though fee waivers are available for qualifying individuals.
Lookup Divorce Records in Sussex County
Divorce decree copies from Delaware Family Court
Sussex County divorce decree information
Delaware Office of Vital Statistics records