Kent County Divorce Records
How To Find a Divorce Record In Kent County in 2026
KentCountyRecords.us provides access to publicly available information related to divorce records in Kent County, Delaware. Members of the public may find case filings, final decrees, docket entries, and related court documents through official channels. Available record categories may include dissolution of marriage petitions, final judgments, property settlement agreements, custody orders, and support determinations. Access and completeness of records vary depending on the age of the case and applicable confidentiality provisions.
Records may be searched through official resources, clerk offices, public access terminals, and online tools maintained by the Delaware court system.
Multiple Search Methods:
Online Searches:
1. Delaware Courts Case Search
The Delaware Judiciary maintains an online case information system that allows members of the public to search for family court cases, including divorce proceedings, by party name or case number. Basic case information is available at no charge; fees apply for document copies.
2. Delaware Family Court Portal
The Delaware Family Court administers divorce proceedings statewide. The court's online resources provide access to case status, docket entries, and procedural information. Members of the public may use this portal to identify whether a case exists and to obtain the assigned case number before requesting physical documents.
3. Delaware Division of Public Health – Vital Records
Delaware does not issue a separate "divorce certificate" through its vital records office in the same manner as birth or death certificates. The primary repository for divorce records remains the Family Court. The State of Delaware's certificates and vital records guide provides direction on obtaining related documents.
In-Person Searches:
Family Court – Kent County:
Family Court – Kent County
400 Court Street
Dover, DE 19901
Phone: (302) 672-1000
Family Court Kent County Location
- Hours: Monday–Friday, 8:30 a.m.–4:30 p.m. (doors to the courthouse open at 8:30 a.m.)
- Services available in person:
- Search case files by party name or case number
- View filed documents at public access terminals
- Request certified and non-certified copies of decrees
- Obtain staff assistance for locating records
- Submit written copy requests at the records counter
Delaware Public Archives:
Delaware Public Archives
121 Duke of York Street
Dover, DE 19901
Phone: (302) 744-5000
Delaware Public Archives
- Hours: Monday–Friday, 8:00 a.m.–4:15 p.m.; Saturday, 9:00 a.m.–4:15 p.m.
- Maintains historical government records under the Delaware Public Records Law
- Older divorce case files transferred from the courts may be accessible here
- Researchers may request records in person or submit written requests
By Mail:
Written Request:
- Mail to: Family Court – Kent County, 400 Court Street, Dover, DE 19901
- Include the following with each request:
- Full legal names of both parties (including maiden names where applicable)
- Approximate date the divorce was finalized
- Case number, if known
- Requester's full name, mailing address, and daytime phone number
- Purpose of the request (required in some circumstances)
- Payment for applicable copy fees
- A self-addressed stamped envelope for return of documents
- Processing time: Requests are processed in the order received; allow approximately one to two weeks for standard requests.
By Phone:
Limited Information:
- Clerk of Court: (302) 672-1000
- Staff may confirm:
- Whether a case exists in the system
- The assigned case number
- Current case status
- The date of filing
- Staff cannot provide:
- Detailed document contents over the phone
- Copies of filed documents
- Information protected by confidentiality provisions
Through Attorneys:
Members of the bar may access court records on behalf of clients and, upon proper showing, may petition the court for access to sealed or restricted portions of a case file. The Delaware State Bar Association maintains a lawyer referral service for individuals who require professional assistance in locating or interpreting divorce records.
Information Needed for Search:
Essential Information:
- Full legal names of both spouses at the time of the divorce
- Maiden names, if applicable
- Approximate date the divorce was finalized
- Case number, if previously obtained
Helpful Information:
- Date and location of the marriage
- Addresses of the parties at the time of filing
- Names of minor children involved in the proceeding
- Names of attorneys of record, if known
Search in Correct County:
Divorce proceedings in Delaware are filed in the county where either spouse resided at the time of filing. Members of the public who are uncertain of the filing county may need to search records in New Castle, Kent, or Sussex County. A divorce may not be searched in the county where the marriage occurred unless one of the parties also resided there.
Residency Requirement:
Under current Delaware law, at least one spouse must have been a resident of Delaware for a minimum of six months immediately preceding the filing of the divorce petition. The petition is filed in the Family Court of the county where the filing spouse resides.
Time Considerations:
- Recent divorces: Newly finalized cases may require several business days to appear in the court's electronic system following entry of the final order.
- Older divorces: Cases predating electronic filing may exist only in paper form and may require additional retrieval time. Some historical records have been transferred to the Delaware Public Archives for long-term preservation.
What If You Cannot Find a Record:
- Verify the correct county of filing
- Attempt alternate spellings of party names
- Search under both the petitioner's and respondent's names
- Confirm the divorce was finalized rather than dismissed or still pending
- Contact the Family Court clerk at (302) 672-1000 for assistance
- Check the Delaware Public Archives for older records
- Retain an attorney for complex search situations
What Are Kent County Divorce Records?
Kent County divorce records are official court documents generated during and after divorce proceedings adjudicated in the Delaware Family Court, Kent County division. These records constitute part of the public court file and are maintained by the Clerk of Court as the primary custodian. Under Delaware Code Title 13, which governs domestic relations, the Family Court retains jurisdiction over all divorce and annulment proceedings in the state.
Types of Divorce Records:
Court Case Files:
- Petition for divorce or annulment
- Respondent's answer or counterpetition
- Financial affidavits submitted by both parties
- Parenting plans and custody agreements
- Marital settlement agreements
- Motions, responses, and court orders issued during the proceeding
- Transcripts of court hearings (where prepared)
- Final judgment of divorce
Final Decree:
The final decree of divorce is the official court order that legally dissolves the marriage. Certified copies of this document serve as legal proof of divorce for purposes including remarriage, name restoration, property transfer, and immigration proceedings. As noted by the Delaware Courts, copies of divorce or annulment decrees are available through the Family Court records department.
The final decree establishes:
- The legal date of dissolution
- Division of marital property and debts
- Alimony or spousal support obligations, if any
- Child custody and visitation arrangements, if applicable
- Child support orders, if applicable
- Restoration of a former name, if requested
Supporting Documents:
- Original or certified marriage certificate (required at filing; see Family Court divorce forms)
- Financial disclosure statements
- Property inventories and appraisals
- Parenting plan attachments
- Post-judgment modification orders
Purpose of Divorce Records:
Legal Purposes:
- Establishing proof of single or divorced marital status
- Satisfying remarriage requirements
- Supporting name change documentation
- Facilitating property transfers and deed recordings
- Estate planning and beneficiary designations
- Immigration and naturalization proceedings
- Social Security benefit determinations
Personal Purposes:
- Genealogical and family history research
- Personal record-keeping
- Verification of divorce terms for compliance purposes
Legal Framework:
Divorce proceedings in Delaware are governed by Delaware Code Title 13, § 1505, which establishes the grounds and procedures for dissolution of marriage. Public access to court records is addressed under the Delaware Freedom of Information Act, 29 Del. C. § 10001 et seq., which establishes the presumption that government records, including court filings, are accessible to members of the public unless a specific exemption applies.
Are Kent County Divorce Records Public?
Divorce records filed with the Delaware Family Court in Kent County are public court records, accessible to members of the public in accordance with Delaware's open records framework. The presumption of public access applies to most documents in a divorce case file; however, specific categories of information are subject to restriction or redaction under court rules and state statute.
What Is Public:
- Case number and date of filing
- Names of the petitioner and respondent
- Names of attorneys of record
- Scheduled and completed hearing dates
- Court orders and judgments, including the final decree
- Property division orders
- General docket entries reflecting the chronology of the case
What May Be Restricted:
Financial Information:
- Social Security numbers (redacted from all public filings)
- Bank account and financial institution numbers (redacted)
- Credit card and loan account numbers (redacted)
- Detailed tax returns (access may be limited)
- Salary and income documentation (subject to partial restriction in some cases)
Children's Information:
- Residential addresses of minor children
- Names of schools attended by minor children
- Medical and psychological records pertaining to children
- Child custody evaluation reports (may be sealed by court order)
- Guardian ad litem reports (restricted to parties and counsel)
Sensitive Personal Information:
- Domestic violence allegations and supporting evidence
- Mental health and substance abuse treatment records
- Medical records of either party
- Personal addresses in cases involving protective orders
Sealed Records:
A court may seal all or part of a case file upon a showing of good cause. Cases involving allegations of abuse, high-profile parties, or confidential settlement terms may be subject to sealing orders. Mediation communications are confidential by statute and do not become part of the public record.
Legal Basis for Public Access:
The Delaware Freedom of Information Act, 29 Del. C. § 10001, establishes the right of public access to government records. Court rules promulgated by the Delaware Supreme Court further define the scope of access to family court files, balancing the principle of judicial transparency against the privacy interests of parties and, in particular, minor children.
Who Can Access Records:
- General public: May access most case information, view docket summaries, and obtain copies of public documents upon payment of applicable fees. Photo identification may be required at the records counter.
- Parties to the case: Retain full access to their own case file, including documents that may be restricted from general public view.
- Attorneys of record: Access case files on behalf of clients and may petition the court for access to sealed materials upon proper showing.
- Researchers and media: May access public portions of case files; sealed records require a court order. First Amendment considerations apply to news reporting on matters of public concern.
Prohibited Uses of Records:
- Stalking, harassment, or intimidation of any party
- Identity theft or fraudulent misrepresentation
- Violation of existing protective or restraining orders
- Any purpose prohibited by applicable state or federal law
How Much Does It Cost to Get Divorce Records in Kent County?
The Delaware Family Court currently maintains the following fee schedule for divorce and annulment record copies, as published on the court's official copies of divorce or annulment decrees page:
| Document Type | Fee |
|---|---|
| Certified copy of divorce or annulment decree | $4.00 per copy |
| Non-certified copy of divorce or annulment decree | $1.00 per copy |
| Additional fee if records must be retrieved from off-site storage | Variable; assessed at time of request |
Additional Fee Information:
- Inspection fees: No fee is assessed for inspecting public records at the courthouse public access terminals during regular business hours.
- Certification fees: The $4.00 certified copy fee includes the court seal and clerk's attestation required for legal purposes such as remarriage or name change proceedings.
- Electronic format fees: The court does not currently offer electronic delivery of certified copies; documents are provided in paper form.
- Search fees: No separate search fee is assessed for standard name or case number searches conducted by court staff.
- Fee waivers: Individuals who demonstrate financial hardship may petition the court for a waiver of copy fees. The applicable request form is available at the Family Court records counter.
Accepted Payment Methods:
- Cash
- Money order
- Certified check payable to "Family Court"
- Personal checks (subject to court policy at time of request)
Members of the public who submit mail requests should include a money order or certified check; cash is not accepted by mail. The fee schedule is established under the authority of the Delaware courts' administrative rules and is subject to revision; requesters should confirm current fees directly with the Family Court clerk prior to submitting payment.
What Is Available at No Charge:
- Viewing case docket entries at public access terminals in the courthouse
- Confirming the existence of a case by name or case number
- Reviewing the court's online case information system for basic case status
What's Included in Divorce Records in Kent County
A complete divorce case file maintained by the Delaware Family Court, Kent County, contains the full record of proceedings from initial filing through final judgment and any post-judgment actions. The scope of documents varies depending on whether the divorce was uncontested or contested and whether children or significant assets were involved.
Basic Case Information:
The case caption identifies the court, the case number, the names of the petitioner and respondent, the judge assigned to the matter, and the attorneys of record. Filing information reflects the date the petition was received, the filing fee paid, and the jurisdictional basis for the proceeding.
Initial Pleadings:
The petition for divorce sets forth the petitioner's identifying information, the date and place of the marriage, the date of separation if applicable, the grounds for divorce (Delaware is a no-fault state, requiring only that the marriage be irretrievably broken with no reasonable prospect of reconciliation under 13 Del. C. § 1505), information regarding minor children, and the relief requested. The respondent's answer addresses each allegation and may include a counterpetition.
Financial Affidavits:
Both parties are required to submit financial affidavits disclosing income from all sources, monthly expenses, assets (real property, vehicles, bank and investment accounts, retirement accounts, and personal property), and liabilities including mortgages, loans, and credit obligations.
Discovery Documents:
In contested cases, the file may contain interrogatories and responses, requests for production of documents, deposition notices, and responses to requests for admission. Financial disclosure documents such as tax returns, pay stubs, and account statements are filed as exhibits.
Property-Related Documents:
The marital asset inventory identifies and values all property subject to equitable distribution. Appraisal reports for real property, business interests, and personal property of significant value are filed as exhibits. The debt inventory identifies all marital liabilities and their allocation between the parties.
Children-Related Documents:
Where minor children are involved, the file contains the parenting plan specifying legal and physical custody, the timesharing schedule (including regular, holiday, and vacation provisions), and the child support calculation worksheet. Custody evaluation reports, if ordered by the court, and guardian ad litem reports are part of the file, though access to these documents may be restricted.
Settlement Documents:
The marital settlement agreement, if the parties resolve the case by agreement, is a comprehensive document addressing all issues including property division, debt allocation, spousal support, and child-related provisions. Mediation agreements, if reached, may be incorporated into the settlement agreement.
Court Orders and Final Judgment:
Temporary orders entered during the pendency of the proceeding address interim custody, support, and use of marital property. The final judgment of dissolution constitutes the court's definitive order ending the marriage and resolving all issues. Qualified Domestic Relations Orders (QDROs) are entered separately when retirement accounts are divided.
Post-Judgment Documents:
The file may contain petitions to modify custody or support, motions for contempt, income deduction orders, and enforcement actions filed after entry of the final judgment.
What Is Typically Confidential or Sealed:
- Social Security numbers and financial account numbers (redacted from all public copies)
- Residential addresses and school information for minor children
- Mental health evaluations and substance abuse records
- Domestic violence evidence in cases involving protective measures
- Mediation communications (confidential by statute)
- Settlement negotiations not reduced to a filed agreement
How to Get Proof of Divorce in Kent County?
Proof of divorce in Kent County is obtained through a certified copy of the final divorce decree issued by the Delaware Family Court. A certified copy bears the court seal and the clerk's attestation, making it acceptable for legal purposes including remarriage, name change with the Social Security Administration or Department of Motor Vehicles, property transfers, and immigration proceedings.
Steps to Obtain a Certified Copy:
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Identify the case: Confirm the case number and the county of filing. If the case number is unknown, contact the Family Court clerk at (302) 672-1000 or search the court's online case information system.
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Submit a request in person: Visit the Family Court – Kent County records counter at 400 Court Street, Dover, DE 19901, during business hours (Monday–Friday, 8:30 a.m.–4:30 p.m.). Present a valid photo identification and provide the names of both parties and the approximate date of the divorce.
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Submit a request by mail: Mail a written request to Family Court – Kent County, 400 Court Street, Dover, DE 19901. Include the names of both parties, the approximate divorce date, the case number if known, your contact information, and a money order or certified check for $4.00 per certified copy. Include a self-addressed stamped envelope.
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Pay the applicable fee: The current fee for a certified copy is $4.00. A non-certified copy is available for $1.00. An additional fee may apply if the records must be retrieved from off-site storage, as noted on the court's divorce decree copies page.
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For divorce proceedings initiated through the court: Parties who filed using the official Family Court divorce forms may reference their case number from the original filing documents to expedite the request.
Family Court – Kent County
400 Court Street
Dover, DE 19901
Phone: (302) 672-1000
Family Court Kent County Location
Historical divorce records that have been transferred to long-term storage may be requested through the Delaware Public Archives, which administers the state's public records preservation program.
Can a Divorce Be Confidential in Kent County?
Divorce proceedings in Kent County are presumptively public; however, specific circumstances permit the court to restrict access to all or part of a case file.
Circumstances Under Which Records May Be Confidential:
- Court-ordered sealing: A party may file a motion requesting that the court seal the case file or specific documents. The court applies a balancing test weighing the public interest in transparency against the privacy interests of the parties and any minor children. Sealing requires a specific finding of good cause.
- Domestic violence cases: Where a party has obtained a protective order or where the case involves allegations of abuse, the court may restrict access to addresses, contact information, and evidence related to the abuse to protect the safety of the victim.
- Children's information: Under Delaware court rules, information identifying the residential address, school, or medical providers of minor children is subject to restriction from public access.
- Mental health and medical records: Records pertaining to the mental health or medical condition of either party or any child are not part of the public record and are accessible only to the parties, their counsel, and court-appointed evaluators.
- Mediation communications: Delaware law treats mediation communications as confidential; statements made during mediation do not become part of the public court file.
- Financial account identifiers: Social Security numbers and financial account numbers are redacted from all publicly accessible copies of filed documents pursuant to court administrative rules.
Members of the public who seek access to sealed records must file a motion with the court demonstrating a legitimate legal basis for access.
How Long Does Kent County Keep Divorce Records?
The Delaware Family Court retains divorce case files for extended periods in accordance with the court's records retention schedule and the requirements of the Delaware Public Records Law.
Retention Periods:
- Active and recently closed cases: Divorce case files are retained by the Family Court for a minimum of 20 years following the entry of the final judgment, consistent with Delaware court records retention policies.
- Cases involving minor children: Files containing custody, visitation, and child support orders are retained for a minimum of 20 years from the date the youngest child reaches the age of majority, ensuring availability for enforcement and modification proceedings.
- Final decrees: The final judgment of divorce is a permanent court record and is retained indefinitely. Certified copies remain available regardless of the age of the case.
- Historical records: Older divorce case files that have exceeded the active retention period may be transferred to the Delaware Public Archives for permanent preservation. The Archives administers the Delaware Public Records Law and maintains transferred court records for research and legal purposes.
- Archived paper records: Cases filed prior to the implementation of electronic filing exist in paper form and may require additional retrieval time if stored off-site. An additional fee may be assessed for retrieval of off-site records, as noted by the Delaware Courts.
- Electronic records: Cases filed electronically are maintained in the court's case management system and remain searchable by party name and case number.
Members of the public seeking records from cases older than 20 years should contact both the Family Court clerk and the Delaware Public Archives to determine the current location of the file.
Lookup Divorce Records in Kent County
- Copies of divorce or annulment decrees – Delaware Courts
- Family Court Kent County location and hours
- Delaware certificates and vital records guide
- Delaware Public Archives – public records and historical collections
- Family Court divorce forms and filing requirements
- Delaware Family Court – statewide information and notices