Divorce / Annulment
Getting a divorce or an annulment is an important decision. We recommend that you speak to an attorney to find out about your rights.
The Delaware State Courts will be closed on Thursday, November 28 and Friday, November 29, 2024 for Thanksgiving. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM – 12AM (no new cases after 11:00PM).
The Family Court has extensive jurisdiction over all domestic matters. Information about the most frequently heard matters can be found to the right. These links provide information on each of the topic areas as well as instruction books and forms to assist in filing with the Court. For complete information on the jurisdiction of the Family Court, see Jurisdiction below.
Our mission is to provide equal access to justice for the families and children under our Court's jurisdiction in a manner that is fair and efficient and that maintains the public's trust and confidence in an independent and accountable judiciary.Getting a divorce or an annulment is an important decision. We recommend that you speak to an attorney to find out about your rights.
Under Delaware law, both parents have a duty to support their child until the child is 18 years of age, or, if the child is still in high school, until the child graduates or turns 19 years of age.
When parents live separate and apart, either or both parents may file a petition asking that the court award custody to him/her.
Under Delaware law, charges may be brought by a complaint. A complaint is a written statement of the alleged key facts that forms the charges.
Guardianship is the possession by a non-parent of the powers, rights, and duties which are necessary to protect, manage and care for a child.
An Order of Protection From Abuse is an order of Family Court ordering someone to stop abusing another person, and may include other relief.
SUPPORT PERSONS
Request the attendance of a support person in private court proceedings. A support person is an individual whom the Court may allow to accompany a litigant into a private Family Court hearing. A support person provides moral and emotional support to the litigant. Learn more about how to request the attendance of a support person.
CASE INFORMATION
Please Note —The Family Court Website does not contain any personal case information and your Family Court file cannot be accessed electronically. For those inquiries, please contact Family Court at 302-255-0300 in New Castle County, 302-672-1000 in Kent County and 302-855-7400 in Sussex County.
ACCESS TO RECORDS
Please Note—This document outlines the current laws and rules related to access to Family Court hearings and records. Any member of the public is permitted to attend any Family Court matter that is not closed by law or court rule, unless a Judge or Commissioner presiding over a particular matter makes a ruling to close a proceeding in accordance with the relevant legal authority. If you believe that you have been denied access to an open court matter, contact the Family Court Call Center at 302-255-0300.
RECENT NEWS updated 3/23/2020
Delaware Family Court details procedures during COVID-19 restrictions
Family Court will continue to handle emergency requests for Protection from Abuse Orders, emergency child welfare, custody, visitation, and guardianship matters, and limited adult criminal and juvenile delinquency matters
Michelle Hoffman named as Family Court Administrator
The Family Court of Delaware has named long-serving Family Court staff member S. Michelle Hoffman as Family Court Administrator. Hoffman is currently Delaware Family Court’s Director of Caseflow Management, a position she has held since 2016. Hoffman will be transitioning into her new role as Court Administrator during the coming weeks.
Family Court’s Michelle Hoffman recognized by DSBA
Family Court’s Michelle Hoffman was recognized with the Delaware State Bar Association’s Government Service Award for 2019. The award is presented by the Bar to a full-time government service employee in recognition for their dedicated and distinguished contribution to the administration of justice.
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