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.
Contact Information
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
Delaware's judicial court system is composed of several courts including the Delaware Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas, Justice of the Peace Court, Administrative Office of the Courts, and related agencies.
Access the entire Delaware State Code
View the Delaware State Constitution
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Change of name petition instructions vary by county. Each county requires change of name petitioners to publish their change of name in an approved newspaper and pay an initial $85.00 filing fee. For county-specific instructions and forms visit Delaware Courts.
Please Note
For concealed carry application instructions, read How to Apply for/ Renew a License to Carry a Concealed Firearm.
During the period of January 15, 2019 - January 14, 2020, Delaware also recognizes concealed firearm licenses issued by the following states:
Individuals with concealed carrying permits from these states are also permitted to carry a concealed weapon in Delaware.
(a) A person is guilty of menacing when by some movement of body or any instrument the person intentionally places another person in fear of imminent physical injury.
(b) A person is guilty of aggravated menacing when by displaying what appears to be a deadly weapon that person intentionally places another person in fear of imminent physical injury. Aggravated menacing is a class E felony.
Delaware Code: 11 Del C § 602 Menacing; unclassified misdemeanor
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Civil lawsuits are cases in which a corporation or individual files a lawsuit against another corporation or individual in pursuit of monetary compensation for injury or damages.
Learn more about types of claims and where to file lawsuit paperwork.
The Delaware Courts Legal Assistance page provides resources for citizens who are searching for legal representation, free or low-cost legal assistance, or self-representation information.
An appeal is a reviewed by a higher court to determine whether any mistakes occurred and, if so, whether the party who filing the appeal is entitled to have the decision of the lower court reversed.
The Appellate Handbook is a resource for those seeking to file an appeal.
File an appeal here.
A pardon completely eliminates all consequences of a conviction. A pardon does not remove the record of conviction, but it does dismiss any further punishment for the conviction and restore the convicted person’s civil rights. A person who was convicted of a crime as an adult must have a pardon in order to apply for an expungement. However, being granted a pardon does not guarantee that the individual will be granted an expungement.
An expungement completely eliminates the history of the charges from an individual’s record. Expungements are typically granted in the cases that an individual is acquitted of a charge, the prosecutor/ plaintiff formally abandons the case, or the charge is otherwise dismissed. Individuals who were convicted of a crime as an adult and have already served their sentence, can apply for an expungement after a pardon has been granted.
Search and access all Delaware court orders and opinions from 1983 to present.
You may pay traffic tickets online, at the kiosk, in person, by mail, or by fax. You must pay the full amount of the ticket within 30 days of receiving the ticket. In most cases, tickets and payments should be mailed to the Justice of the Peace Court Voluntary Assessment Center. However, you should always check the front of your ticket to verify information about where to the mail the ticket or where you must appear in court.
DO NOT mail cash. If you need a receipt, include a self-addressed and stamped envelope with your payment.
View Frequently Asked Traffic Questions (FAQs) here
Important
Guardians are granted a Custody Order and have the same legal authority as a parent would, but the Court can limit the powers granted to a guardian.
Please read the Guardianship Instruction Packet for complete information and instructions on obtaining legal guardianship.
Any person over the age of 18 can be the legal guardian to a child, but if the person is not a relative of the child, Division of Family Services must assess the placement. Relatives include:
Guardians are responsible for providing a healthy and safe living environment, education, and all necessary medical treatment for the child. Guardians are responsible for the following decisions:
The parent’s parental rights are not terminated when a non-parent is granted guardianship, so the parent may have to continue to provide financial support for the child. The Court will also determine:
When petitioning for guardianship, the petitioner must demonstrate one of the following things to the court:
Please Note
Only a non-parent can file for guardianship. Parents who want to provide legal care and protection for their child should file for custody.
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.
Please read the Permanent Guardianship Instruction Packet for complete information and instructions on obtaining permanent legal guardianship.
Only a blood relative or foster parent may serve as a permanent guardian.
Permanent guardians are responsible for providing a healthy and safe living environment, education, and all necessary medical treatment for the child. Guardians are responsible for the following decisions:
The parent’s parental rights are not terminated when a non-parent is granted permanent guardianship, so the parent may have to continue to provide financial support for the child. The Court will also determine:
Once a permanent guardianship is granted, a parent may not petition the Court to change or terminate the permanent guardianship.
According to Delaware law, both parents have a duty to support their child until the child is 18 years old, or, if the child is still in high school, until the child graduates or turns 19 years old, whichever comes first.
Here are child support forms and explanations.
The Delaware Family Court provides this chart to help easily distinguish different types of legal care and who can apply for them.
Please Note
Under Delaware law, both parents are joint natural custodians of their child. When parents are separated, one or both parents can petition the Court for custody of the child.
Whether parents share joint custody of the child or one parent has sole custody of the child, each parent has a right to request and receive from the other parent all materials and information concerning the child’s:
Both parents also have the right to contact the child by phone or mail. The Court may restrict these rights if they would present physical or mental danger to the child.
Tip / Reminder
Please read the Child Custody Instruction Packet for complete information and instructions on obtaining custody.
Read more information about custody proceedings and access all custody forms.
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Effective July 1, 2013, same-sex marriages are legal in Delaware
Delaware state law recognizes marriages between same-sex Delaware couples as legal relationships. In addition, persons of the same gender who are in legal unions (marriages, civil unions, domestic partnerships, etc.) established in other jurisdictions have the same rights, benefits, protections, and responsibilities as married persons under Delaware law.
Clerk of the Peace Office
800 N. French Street
Second Floor
Wilmington, DE 19801
Hours:
Mon. - Fri.
8:00 am - 3:30 pm
Clerk of the Peace Office
555 Bay Road
Dover, DE 19901
Hours:
Mon. - Fri.
8:00 am - 4:15 pm
Sussex County Administrative Building
Room 226, Second Floor
2 The Circle
Georgetown, DE 19947
Hours:
Mon. - Fri. 8:30 am - 4:30 pm
Or apply for a marriage license online.
For more information about marriage licenses in Delaware, please visit here.
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:
Read § 101 of Title 13 for more information regarding prohibited marriage.
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.
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:
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.
Family Court of the State of Delaware
Leonard L. Williams Justice Center
500 N. King Street
Wilmington, Delaware 19899
Phone: (302) 255-0300
Family Court of the State of Delaware
400 Court Street
Dover, Delaware 19901
Phone: (302) 672-1000
Family Court of the State of Delaware
22 The Circle
Georgetown, Delaware 19947
Phone: (302) 855-7400
NOTE: Completing all the required forms and filing for divorce or annulment does not guarantee that Family Court will grant your request.
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.
For more information about divorces and annulments in Delaware, please visit the Family Courts website.
Important
If you or someone you know are in immediate danger, call 911.
Report child abuse by calling 800-292-9582
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.
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.
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.
What to do if you suspect domestic abuse:
For additional Domestic Prevention resources and information visit the Domestic Violence Coordinating Council (DVCC) and Delaware Victims' Rights Task Force
PFA petitions can be filed against any person with whom you have the following relationship with:
A PFA petition may also can be filed against someone who you have any of the following familial relationships to:
Under Delaware Code Title 10 C.§ 1041
"Abuse" means conduct which constitutes the following:
The following protective provisions of a PFA order can last for up to 2 years:
Read the Protection from Abuse Case Instruction Packet
En Espanol Paquete de instrucciones (Spanish)
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.
Register for the Do Not Call List
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.
An Important Note
Report identity fraud to the Federal Trade Commission (FTC).
The FTC maintains a confidential national identity theft database and may be of assistance to you as you try to find and prosecute your identity thief.
Call the FTC at 1 (877)-438-4338
For more information, visit the Delaware's Division of Revenue's Identity Theft and Victim Assistance page
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:
Medicaid fraud might also involve a thief using another person’s medical card or information to get healthcare goods, services, or funds.
For information about the many types of Medicaid Fraud, read more here.
Please Note
Report Medicaid Fraud anonymously by calling the Delaware Department of Justice Healthcare Provider Fraud Hotline at (302) 577-5000
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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:
Other hardships and additional documentation might include
Please Note
To be excused for any of the reasons listed above, you must still complete your Qualification Questionnaire.
If you are requesting excusal due to age, you must send a copy of your juror questionnaire and a copy of your driver’s license to Jury Services.
Leonard L. Williams Justice Center
500 North King Street, Suite 1800
Wilmington, DE 19801
Phone: (302) 255-0824
Fax: (302) 255-2263
Prothonotary
Kent County Superior Court
38 The Green
Dover, DE 19901
Phone: (302) 735-1900
Fax: (302) 739-7162
Prothonotary of Sussex County
Sussex County Courthouse
1 The Circle, Suite 2
Georgetown, DE 19947 - 1504
Phone: (302) 855-7055
Fax: (302) 856-5955
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.
Please Note
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:
For more information about jury duty in Delaware, visit Information for Jurors.
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