Rule 104.2 – Decrees of Divorce and Annulment

May 15, 2021 | Delaware, Family Law

(a) A decree of divorce or annulment shall be final immediately upon entry, subject to the right of appeal.

(b) A decree may incorporate by reference a prenuptial or postnuptial agreement pursuant to a separate stipulation executed by the parties or their attorneys and approved by the Court.

(c) Duplicate originals or certified copies of a decree entered in a divorce proceeding shall be furnished to each party following the entry thereof if a current address is known.

(d) Duplicate originals or certified copies of a decree entered in a contested proceeding shall not be made available to the parties earlier than the 31st day following the entry thereof and only then after the Clerk of the Court shall be satisfied from a letter addressed to the Clerk by the petitioner or petitioner’s counsel that no proceedings are pending in this Court or on appeal challenging the decree. In the Clerk’s discretion, the Clerk may require further proof or make independent inquiry to determine whether such proceedings are pending before releasing the decree.

Del. Fam. Ct. R. Civ. P. 104.2

Amended eff. December 20, 2012.