Reviewed August 2026
Court Hearings in Delaware
Delaware has one statewide Family Court. It handles divorce, custody, support, and related matters. The court sits in New Castle, Kent, and Sussex counties. A party who needs a decision on custody, support, or another issue before the case ends can ask for interim relief while the case is still open. Family Court relies heavily on Commissioners. These judicial officers hear many family law matters alongside the court's judges. The case and the county determine which type of judicial officer handles a given hearing. The court also runs a structured remote hearing program using Zoom, but remote participation is not automatic. Family Court's default is in-person, live hearings. That changes only if the hearing notice says otherwise, or a party requests and receives approval to appear remotely. Delaware has just three counties statewide, so its Family Court structure is more centralized than in many larger states. Still, each county courthouse manages its own docket.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how court hearings works under Delaware law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Delaware paperwork. See how Virdix works for California divorces.
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Requesting interim relief while a case is pending
In a Delaware Family Court case, a party can ask the court to decide certain issues before the case is fully resolved. That includes temporary custody, temporary support, or other interim relief. This keeps the household running while the case continues. The specific procedure and required form depend on the type of relief requested and the case type. Family Court's self-help resources and forms library are the starting point for finding the right motion. A party requesting interim support should be ready to provide recent pay stubs or other income documentation. The court uses that information to calculate an appropriate amount.
Commissioners and judges
Delaware Family Court uses both judges and Commissioners to hear cases. Commissioners are judicial officers appointed to the court. They hear a large share of the family law docket, including many hearings that would otherwise go to a judge. Which judicial officer gets assigned depends on the type of matter and the county where the case is filed. A hearing notice from the court states whether a judge or a Commissioner will preside. A party who disagrees with a Commissioner's decision generally can appeal that ruling to a judge within the court, rather than to a higher court.
How hearings get scheduled
Family Court operates in each of Delaware's three counties. Scheduling for a given case depends on that county's docket. After a motion is filed and served, the court sets a hearing on its own calendar. The parties get notice of the date, time, and format. The court's eCourtroom resources are aimed at self-represented litigants. They explain what to expect when a hearing uses the court's video technology. The court also relies on this technology for some in-person and hybrid proceedings. Scheduling can take longer in the more populous New Castle County than in the smaller Kent or Sussex County courthouses, simply because of higher caseload volume.
Remote hearings by Zoom
Delaware Family Court's default is that hearings are live and in person. That changes only if the hearing notice specifies a remote appearance, or a party requests and is approved for remote participation, generally by submitting Form 584. Many Family Court remote hearings use Zoom. Whether a remote appearance gets approved depends on the type of hearing and the reasons given in the request. The court's own guidance warns that a request is not automatically granted. Anyone who needs to appear remotely should submit the request well before the scheduled hearing date. The court asks for contact information, such as a working phone number or email, so it can send access details.
What happens at a hearing on interim relief
A hearing on interim relief is narrower than a final hearing on the whole case. The judge or Commissioner decides what arrangement should apply while the case is pending, not every issue between the parties. Depending on the county and whether the matter is contested, the hearing may be brief with limited testimony. It may involve more evidence if the parties disagree sharply. Common subjects include temporary custody or visitation, temporary support, and other time-sensitive issues. The resulting order stays in effect only until the court changes it or the case concludes. A party can ask the court to revisit an interim order later if circumstances change significantly.
Sources: Delaware Courts, Family Court homepage (confirms three-county structure and Commissioners), Delaware Courts, Family Court Remote Hearing Information (Zoom, Form 584), Delaware Courts, Family Court Self-Help, Delaware Courts, Family Court Forms
Not independently confirmed
- The specific Family Court Civil Rule number governing motions for interim/temporary relief was not confirmed against a directly fetched copy of the rules text for this page.
- Which hearing types are eligible or ineligible for remote participation by default was not fully enumerated in the source fetched; the court's guidance states it depends on the hearing type and reasons given, without a published list reviewed for this page.
- The distinction between pre-decree temporary/interim relief and post-decree ancillary matters (property division, alimony, counsel fees) was not independently confirmed with a specific rule or statute citation for this page.
- Whether Commissioner rulings can be appealed to a judge within Family Court, and the specific procedure for doing so, was not confirmed against a directly fetched rule for this page.
Court Hearings in Delaware: frequently asked questions
How do I ask for temporary custody or support in Delaware before my case is final?+
You file a motion with Family Court asking for interim relief on the specific issue, such as temporary custody or support, while the case is pending. The exact form and process depend on the case type. Family Court's self-help resources and forms library are the place to find the right filing.
What is a Commissioner in Delaware Family Court?+
A Commissioner is a judicial officer who hears a large portion of Family Court's docket alongside the court's judges. Which one is assigned to a specific hearing depends on the type of matter and the county. The hearing notice states who will preside. A party who disagrees with a Commissioner's ruling can generally appeal it to a judge within the court.
Can I attend a Delaware Family Court hearing remotely?+
Sometimes. Family Court's default is in-person hearings, but a party can request remote participation, generally using Form 584. Many remote hearings use Zoom. Approval depends on the type of hearing and the reasons given. A remote request is not guaranteed.
Which counties have Family Court in Delaware?+
Family Court is a single statewide court with locations in New Castle, Kent, and Sussex counties. A case is scheduled according to the docket in the county where it is filed. Caseload can vary noticeably between the larger New Castle County courthouse and the smaller ones downstate.
How long does interim relief last in a Delaware Family Court case?+
It stays in effect only while the underlying case is pending, unless the court changes it earlier. Once the case reaches its final resolution, the court's final ruling on that issue replaces the interim order.
What happens at a hearing on temporary relief in Delaware?+
The judge or Commissioner decides the specific interim issue raised, such as temporary custody or support, rather than resolving the entire case. Depending on how contested the request is, the hearing may be brief or involve more testimony. The resulting order applies only until the court changes it or the case concludes.
This page is general information about court hearings in Delaware, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Delaware's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Delaware. Virdix does not prepare or file Delaware divorce paperwork. It is not a substitute for an attorney licensed in Delaware.
More Delaware divorce guides
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