Courts, Laws, and Protection

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The information on this page and in the resources provided is NOT intended to be legal advice. If you would like to know how to protect your rights or seek other legal advice, contact an attorney.

Administrative Office of the Courts
Leonard L. Williams Justice Center
(formerly New Castle County Courthouse)
500 North King Street, Suite 3500
Wilmington, DE 19801

For information and access to the Family Court Call Center:
(302) 255-0300

Application Requirements

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• Applicants must be at least 18 years of age to marry in the state of Delaware.
• A couple must appear together to apply for a marriage license.
• A marriage license must be obtained at least 24 hours prior to the wedding ceremony and is valid for 30 days. The ceremony must take place in the state of Delaware.
• The marriage license fee is $70.00 if either applicant is a Delaware resident. The fee is $120.00 if neither applicant is a Delaware resident.
• Applicants must provide a valid form of identification
• If an applicant has been previously married, an original or certified copy of the divorce decree, annulment, dissolution, or death certificate of the most recent spouse is required.
• Applicants who are on probation or parole are required to have special authorization before applying.
• Applicants cannot be related.
• Applicants cannot be under the influence of alcohol or drugs at the time of application or during the wedding ceremony.
• Applicants will need to provide parents’ birth names and birthplaces.

 Divorce/ Annulment

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Difference Between Divorce and Annulment

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A divorce legally ends a marriage. An annulment is the legal declaration that the marriage never existed.

Under § 1506 of Title 13 of Delaware Code, parties of a marriage entered into under any of the following circumstances can seek an annulment:

• A person lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity, or because of the influence of alcohol, drugs, or other incapacitating substances. Either spouse in the marriage or the legal representative of the aggrieved spouse has 90 after obtaining knowledge of this incapacitated condition to seek an annulment.
• A person lacked the physical capacity to consummate the marriage by sexual intercourse and the other party did not, at the time the marriage was solemnized, know of the incapacity. No later than 1 year after obtaining knowledge of this condition, either spouse can petition for an annulment.
• A person was less than legal age, if the marriage was not confirmed by such party after reaching legal age. No later than 1 year after the date of the marriage, the under-aged spouse or his/her parents may petition for an annulment.
• One person entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage. Either spouse in the marriage or the legal representative of the aggrieved spouse has 90 after obtaining knowledge of this act to seek an annulment.
• One or both parties entered into the marriage due to threat exercised by the other party or a third party, whether or not such other party knew of such threat. Either party to the marriage or legal representative of the aggrieved party has 90 after obtaining knowledge of this threat to seek an annulment.
• One or both parties entered into the marriage as a joke or dare. Either party to the marriage or legal representative of the aggrieved party has 90 after obtaining knowledge of this condition to seek an annulment.
• Marriage is prohibited, void or voidable between a person and their ancestor, descendant, siblings, half-siblings, uncle/aunt, niece/nephew or first cousin.

 Read § 101 of Title 13 for more information regarding prohibited marriage.

Filing for Divorce

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Resources

The Family Court offers divorce/annulment instructional packets that explain which forms need to be filed and how to file them. These materials are available for free through the links below, and for a nominal fee in the Resource Centers.

• Divorce/Annulment Instruction Packet
• Answer to Petition for Divorce/Annulment Instruction Packet
• Required Forms
• You can also refer to Family Court’s Frequently Asked Questions

Stipulations

Unless parties are filing on the grounds of misconduct, the Court will not proceed with the divorce until the married parties have been separated for at least 6 months. Parties filing for divorce on the basis of misconduct must have evidence to prove the misconduct.

Some examples of misconduct include:

• Physical, mental, or psychological abuse
• Adultery
• Desertion

Parties with children must attend a Parent Education Class and submit the required certificates of completion to the Court before the divorce can proceed. Click here for a listing of approved Parent Education Classes.

Where to File for Divorce/Annulment:

Family Court of the State of Delaware

NOTE: Completing all the required forms and filing for divorce or annulment does not guarantee that Family Court will grant your request.

Legal Representation for Divorce/ Annulment

If you cannot afford to hire an attorney due to low income, you might be eligible for free legal services. Check you eligibility through the Delaware Legal Help Link

Choosing to represent yourself is called pro se representation. If you choose pro se representation, you will be expected to follow all the same rules and regulations that licensed attorneys have to follow.

• If you represent yourself, you will not be permitted to skip or mishandle procedures because you were confused about when or how to do something.

• Even if you choose to represent yourself, you should talk to an attorney if you are confused about anything at any point in the process. Note that only a lawyer can make recommendations about what to do and how to protect yourself.

 Violence and Abuse

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Adult Protective Services & Elder Abuse

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Adult Protective Services (APS) responds to cases of suspected abuse, neglect, or exploitation of impaired or dependent adults. APS typically serves individuals 18 years of age and older who have a physical or mental impairment and are not living in a long-term care facility.

• Call 1-800-223-9074
• Learn about Adult Protective Services Pamphlet or call 1-888-277-4302
• Delaware’s Senior Protection Initiative / Elderly Abuse and Financial Exploitation
• Find additional information and resources here
• For Delaware Relay services, dial 711

Animal Welfare and Protection

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The Office of Animal Welfare coordinates companion animal programs in Delaware and promotes the protection, health, safety & welfare of animals in the state of Delaware. The Office of Animal Protection also promotes spay & neuter programs, animal control, dog licensing, lost & found registry and care resources.

• For Delaware Animal related concerns call:  (302) 255-4646 or Fax 302-255-4621
• Visit the Office of Animal Welfare's website here
• For additional animal control & cruelty prevention resources visit here

Child Abuse

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Report child abuse at 800-292-9582 (24/7 line) or make a report online 

All suspected child abuse and neglect must be reported to the Division of Family Services Child Abuse and Neglect Report Line or online. You are not required to provide proof. Informants will not be prosecuted if the report is made on reasonable grounds and in good faith.

Domestic Violence

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Domestic Violence takes different forms:

• Physical:  Any type of assault committed against a spouse/significant other, children, or pets.
• Sexual:  Engaging in any kind of sexual activity without consent, even if the victim is a spouse/significant other.
• Emotional:  Using emotions to manipulate or have control over a family member or spouse/significant other.
• Economic:  Controlling money in a way that keeps the other spouse/significant other financially powerless.

24 Hour hotlines

• New Castle County (302) 762-6110
• New Castle Rape Crisis (800) 773-8570
• New Castle Bilingual Hotline (302) 762-6110
• Kent/Sussex County (302) 422-8058
• Kent/Sussex County Abriendo Puertas (Open Doors) (302) 745-9874
• Child Abuse Report Line (800) 292-9582

Department of Justice Domestic Violence Unit

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• Delaware Department of Justice Victims Resources
• New Castle County (302) 577-8500
• Kent County (302) 739-4211
• Sussex County (302) 856-5352

Protection from Abuse (PFA)

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Who can petition for protection from abuse?

PFA petitions can be filed against any person with whom you have the following relationship with:

• Spouse or former spouse
• Persons who live together and call themselves a couple (with or without children)
• Persons living separately who have a child/children in common
• Persons in a current or former dating relationship
• This might include people whom you referred to as a boyfriend/girlfriend or fiancé. This also includes people you courted, dated (even casually), or spent time with in a potentially romantic way.

A PFA petition may also can be filed against someone who you have any of the following familial relationships to:

• Parent or child (including step and in-law)
• Brother or sister (including in-law)
• Son or daughter (including in-laws, and in situations where parental rights have been terminated)
• Grandparent or grandchild
• Any other family member that you are related to by blood, adoption, or marriage, but only if you reside in one home under one head.

What is Abuse?

Under Delaware Code Title 10 C.§ 1041 

"Abuse" means conduct which constitutes the following:

1. Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defined in § 761 of Title 11; 
2. Intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense to such person or another;
3. Intentionally or recklessly damaging, destroying or taking the tangible property of another person;
4. Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response;
5. Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court order;
6. Child abuse, as defined in Chapter 9 of Title 16;
7. Unlawful imprisonment, kidnapping, interference with custody and coercion, as defined in Title 11 C. §781, §782, and §783 ; or
8. Any other conduct which a reasonable person under the circumstances would find threatening or harmful.

Temporary Orders

• The typical duration for a temporary PFA order is up to 15 days
• The order may be extended up to 30 days if the PFA trial is rescheduled

Permanent Orders

The following protective provisions of a PFA order can last for up to 2 years:

• Stay 100 yards away from petitioner, residence, and workplace
• No firearms, ammunition, or deadly weapons
• No contact of any kind
• No further abuse

Protective provisions may be ordered for longer than 2 years upon consent of the parties involved or upon finding an aggravating circumstance such as:

• Physical injury
• Use of firearm
• Past domestic violence convictions
• Repeated violation of prior PFAs
• Any situation where there is an immediate or ongoing danger to the petitioner or any member of his/her household

Ancillary provisions of a PFA order are limited to 1 year. These include:

• Custody and visitation with children
• Payment of support
• Temporary possession of homes and personal property

VINE (Victim Information Notification Everyday)

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VINE is a victim information system. Victims may register with VINE if the offender is in custody or if a protective order has been filed to receive notifications about the offender’s custody events such as releases, transfers, and escapes. Users can also register to be notified about court hearings, cancellations/changes, and other news pertaining to the trial.

Information and Resources

Wanted Persons and Sex Offenders

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• Search the Delaware State Sex Offender Registry
• Family Watchdog Sex Offender Map
• Search Delaware Wanted Persons

Fraud and Consumer Protection

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Fraud and Consumer Protection

Do Not Call List

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What is the Do Not Call List?

Register for the Do Not Call List

Identity Theft

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If you suspect identity theft:

• Contact the police and obtain a police report. Reporting the crime to the police alerts them of the suspicious activity and establishes that you acted diligently.
• The Attorney General’s Consumer Protection Unit at (800) 220-5424. The Consumer Protection Unit can help you get in touch with the proper police agency if you are unsure of who to contact.
• Report the credit fraud to the three major credit bureaus and ask them to place a “fraud alert” on your credit report. You may also consider placing a security freeze on your credit report.

• Contact the fraud department of each of your banks, creditors, and companies that have your credit information. Even if that creditor has not been directly affected by the fraud, alert them and place a ‘fraud alert’ on your account.

Medicaid Fraud

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Medicaid fraud occurs when a healthcare provider gives false information about patients, treatments, or services in order to collect more money from Medicaid than they are entitled to. Healthcare providers include:

Related Links

Jury Duty

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Jury Duty

Excusal from Jury Duty

Members in the following groups or occupational classes will be excused from Jury Service because serving on a jury would cause unnecessary hardship or extreme inconvenience, or because their occupation is deemed a public necessity:

• Served on a grand jury or petit jury within the past two years
• Over 70 years of age
• Jury service would violate deeply-held religious beliefs
• Essential health-care providers
• Full-time police officers or firefighters
• Active full-time U.S. armed services or Delaware State National Guard
• Active full-time clergy
• Self-employed or paid primarily on commission
• You are not a U.S. citizen and do have a green card

Other hardships and additional documentation might include

• Medical requests- submit a doctor’s note
• Employment deferments- submit a letter from your supervisor
• If you have moved out of state- submit a copy of your new driver’s license for that state
• If you are not a citizen, submit a copy of your green card, visa, or other legal documentation
• If you are a business owner- submit a copy of your business license
• If you are a student- submit a copy of your school class schedule or other document verifying enrollment

Qualification Questionnaire

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Everybody who is summoned to jury duty must complete the Qualification Questionnaire.

You can either fill out the Qualification Questionnaire at the bottom of your Jury Summons, or you can complete it online.

You will not be able to request a new jury date or excusal from Jury Duty until you complete the Questionnaire.

Reporting

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Where to Report:

Work Certification

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If your employer needs confirmation of the dates and hours which you served on Jury Duty, call the Jury Services Office in your county to request a work certification. You may also go to courts.delaware.gov/juror/, select the county and input your juror informaiton per instructions from the court to download the certification certificate.

• New Castle County:  (302) 255-0824
• Kent County:  (302) 735-1900
• Sussex County:  (302) 855-7055

Related Links

 Law Enforcement

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Related Law Enforcement

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 Law Professionals and Specialists

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Professionals and Specialists

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