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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118114
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I filed in New Castle County, Delaware where both my husband

Customer Question

I filed for divorce in New Castle County, Delaware where both my husband and I are residents (we married in Wisconsin). On the court date to finalize the divorce, I was intimidated by my husband and had the divorce dismissed. I immediately regretted it and want to file again. The court has the original marriage certificate required to file with the divorce forms. I called the court call center, they said originals are not returned and I would have to petition the court to have the marriage certificate returned. Can I submit a copy of the marriage certificate with a note on it stating the file number/case number ***** the original is already on file? If I have to petition the court to get the original back, how do I do that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, you can file the new petition for divorce with a copy of the marriage certificate and you can note the other case number ***** the original certificate is in the court file and the court can get the original from that file. You can also contact the clerk in WI where you were married and they can send you new original copies of the certificate. If you want to move the court to release the original, you do so in the original divorce case by filing a motion for return of original document and it is simply where you ask the court to order the clerk to return your original certificate to you.
Those are all of your options in this situation.