Delaware Marriage Laws

If you’re planning a Delaware wedding, be sure to check out Zola’s guide to Delaware marriage laws!

By The Zola Team

Delaware Marriage Laws
Photo by Zola

The First Look ✨

Once you and your partner have decided it’s time to start the next chapter of your lives together, you’re well on your way to wedding bliss. But before wedding bells can start ringing, you have to face a little paperwork.

Familiarize yourself with Delaware marriage laws and the process to apply for your wedding license, and your big day will go off without a hitch.

Read on for a comprehensive guide to everything you want to know (and didn’t know you needed to know) about how to make your Delaware wedding official (and of course, magical).

Marriage Laws and Requirements in Delaware

Wedding planning is a romantic affair: diamond rings, bouquets, stunning clothes, and pastries galore. The process to make your marriage legal is just slightly less exciting. Nevertheless, thoroughly researching Delaware’s marriage laws and requirements will help you start your life as newlyweds on the right foot.

Let’s acquaint ourselves with some need-to-know terms and requirements in the world of weddings and more specifically to Delaware:

  • Marriage License – Before you can get married legally in Delaware, you will first need to obtain a marriage license.

  • Marriage Certificate – Whereas your marriage license serves as your application to get married, you receive the marriage certificate after the wedding to record your marriage officially.

  • Residency Requirements – Couples don’t need to be Delaware residents to get married in the state. They do need to present photo identification, such as a driver’s license or passport.

  • Witnesses – Delaware requires that marriages must be performed in the presence of at least two witnesses. These witnesses must be 18 years of age and trustworthy. They will sign the marriage license.

  • Legal Age of Marriage – In 2018, Delaware became the first state to ban child marriage. That means the legal age of marriage is 18. In other states, minors can get married with a parent and/or judge’s consent; however, that is not the case in Delaware under any circumstance.

  • Officiant Qualifications – There are two categories of individuals who can officiate a marriage. Any officiant must be over 18 years of age. The first category is any clergyperson or minister of any religion who resides in Delaware and is registered with the Clerk of the Peace in the county where they live. The second category is any clergyperson or minister who does not reside in Delaware but is registered with the Clerk of the Peace in the county where the marriage ceremony will be completed.

  • Special Marriage Types – Delaware does not allow any of the following types of marriage: proxy marriages, cousin marriages, or common-law marriages.

Now that you have a basic understanding of Delaware’s marriage laws, you can go forth into the marriage license application process.

Delaware’s Marriage License Application Process

Couples can apply online to receive their Delaware marriage license or in person at the Marriage Bureau Office during business hours on Monday through Friday. Below, you’ll find out everything you need to know to make the marriage license application process go smoothly.

Application Requirements and Documents

The application for a marriage license requires the following information for both individuals:

  • Date
  • Name
  • Sex
  • Race
  • Social security number
  • Birthday
  • Occupation
  • Names and addresses of parents

Individuals must also provide a government-issued ID that includes both their full name and date of birth, such as a:

  • Valid driver’s license
  • DMV issued identification card
  • Passport
  • Certified copy of your birth certificate
  • Military identification card

Delaware residents can also provide proof of residency to qualify for lower fees.

Additional Application Requirements

There are three instances in which you will need to provide additional documentation to receive your marriage license:

  • Previous Marriage – If either individual has been previously married or was in a similar union, he or she will need to present a certified copy of the final divorce decree or a death certificate.

  • Probation or Parole – If either individual is on probation or parole, they must provide an original letter from the probation or parole officer giving permission for the marriage.

  • Maiden Name – If either individual is divorced and has legally reclaimed their maiden name, they will need to present a certified or original copy of the name change court papers.

Fees

As of 2019, Delaware charges a $50 fee for a marriage license for residents and a $100 fee for non-residents. Both of these fees are subject to an additional mandatory $20 recording fee. That leaves the final total as:

  • $70 for residents
  • $120 for non-residents.

The fee can only be paid in person with cash. If you apply online, you can pay by credit card, but there is an additional $19.95 processing fee.

There are some additional types of fees that you may or may not encounter, depending on your plans, including:

  • Marriage license for Delaware residents – $50

  • Marriage license for non-residents – $100

  • Recording fee applied to all marriage licenses – $20

  • Certified copy of a marriage or civil union license – $25

  • Memorable Marriage Ceremony in the office for Delaware residents – $50

  • Memorable Marriage Ceremony in the office for non-residents – $100

  • Memorable Marriage Ceremony outside the office for Delaware residents – $100

  • Memorable Marriage Ceremony outside the office for non-residents – $175

  • Renewal of vows in the office for Delaware residents – $50

  • Renewal of vows in the office for non-residents – $100

  • Renewal of vows outside the office for Delaware residents – $100

  • Renewal of vows outside the office for non-residents – $175

  • Officiant's late return fees – $50

All of these fees can be waived, regardless of residency, for active US military members and veterans. These groups need to present a copy of DD Form 214 and apply in person for their fee waiver. While all application fees are final and nonrefundable, ceremony fees are transferable if the applicants can demonstrate good cause.

If these Delaware marriage license fees are cutting into your wedding fund, give your budget a little TLC and use Zola to search for wedding vendors by budget.

Certification

To receive their marriage license, couples must also certify four things:

  1. First, that they are not related by a prohibited degree, including parent, grandparent, child, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew, or first cousin.

  2. Applicants must also certify that they are not under the influence of liquor or narcotics.

  3. Next, they must certify that their documents are properly executed.

  4. Finally, they must certify that there are no known legal barriers to the marriage.

Interpreters

Couples that require an interpreter must provide their own. This interpreter must be at least 18 years old. Some counties in Delaware have a part-time Spanish-speaking interpreter. To learn more, contact your county offices.

Waiting Period

Although many states no longer have waiting periods for marriage certificates, Delaware still enforces this requirement. If the couple consists of non-residents, the waiting period is 96 hours. If only one member of the couple is a Delaware resident, then the waiting period is 24 hours.

Picking Up the Marriage License

Regardless of whether or not you order the marriage license online or in person, both individuals in the couple must pick the license up from the county office together.

Expiration of License

Marriage licenses in Delaware are only valid for 30 days. After 30 days, if a couple doesn’t get married, then their marriage license will expire. The good news is that couples can reapply for a new license. The Clerk of the Peace can also extend the marriage license to up to 180 days if the couple can demonstrate a valid cause.

Special Marriage Considerations in Delaware

As you’re beginning to learn, the process of obtaining a marriage license and making your union legal requires a little bit of forethought and elbow grease. Here are some special considerations to help your Delaware wedding avoid snafus:

  • Timing the application – Sussex County in Delaware estimates that the online marriage license application process takes 20 minutes. Budget more time if you apply for the license in person.

  • Timing the wedding within the license’s validity window – Remember that the marriage license is only valid for 30 days. Plan to obtain your license sooner rather than later within this 30-day window in case of any issues with your county office or necessary documents. To avoid any hiccups, make an appointment as soon as you know your wedding date—after all, it’s easier to reschedule an appointment to pick up your license than to reschedule your entire wedding.

  • Filing the license – The officiant will fill out the wedding license and then the newlyweds will return it to their county clerk. The license needs to be returned before its 30-day expiration date.

  • Getting copies of the marriage certificate – You will apply to the Office of Vital Statistics to receive copies of your marriage certificate.

  • Getting copies of the marriage license – You can obtain certified copies of your marriage license through your county Clerk of the Peace Office. Copies can be obtained by mail, online, or in person.

Frequently Asked Questions About Getting Married in Delaware

In the whirlwind of wedding planning, details can get lost easily. Check out these frequently asked questions about how to get a Delaware marriage license and get married:

Where Can I Get My Marriage License?

You can obtain your marriage license through the office of the Clerk of Peace in your county.

Where Can I Get Copies of Birth or Death Certificates?

Birth and death records can be obtained in person, by mail, or online through the Delaware Office of Vital Statistics.

Where Can I Get a Copy of My Final Decree of Divorce or Annulment?

Contact the records department of your county’s family court to request copies of divorce or annulment decrees either in person or by mail.

I’m Getting Married in Delaware, but I Live in a Different State. Where Do I File My License?

If your partner is a Delaware resident, file the license in his or her county of residence. If neither partner is a Delaware resident, file the license in the county where your wedding will take place.

If you’re an out-of-stater, you might not yet be versed in everything Delaware has to offer. Easily browse potential wedding locations with Zola’s free wedding venues search tool to find your dream spot.

When Should I Start the Marriage Application Process?

Because a Delaware wedding license expires in 30 days, you should apply within 30 days of your wedding date. However, you should start the application process much earlier. Ensure that you have all the proper documents readily available. There could be delays in receiving certain documents, so order necessary documents, such as copies of birth or death certificates, as soon as possible.

How Soon Can You Get Married After Receiving Your Marriage License?

Delaware residents can get married 24 hours after receiving their marriage license. Non-residents must wait 96 hours.

How Do You Change Your Name in Delaware?

There are several steps to legally change your name in Delaware. After your wedding, you must pick up a certified copy of your marriage certificate from the office of the Clerk of the Peace in your county. Provide the certified copy of your marriage certificate to relevant government agencies and businesses to update their records with your new name.

If you want to change your name on your driver’s license, you must visit your local Social Security Administration (SSA) office to change your name on your social security card before you visit the Department of Motor Vehicles (DMV).

Does Delaware Offer Licenses for Civil Unions?

In 2013, Delaware passed the Delaware Civil Marriage Equality and Religious Freedom Act. This act legalized same-sex marriage, so the state no longer offers civil union licenses.

Getting Married in Delaware: Everything Else You Need to Know

Now that you’ve figured out the less than exciting legal details of marriage licenses, waiting periods, officiants, and more, it’s time for the fun stuff.

That’s right, we’ve got everything else you need to know to make your actual wedding day a dream come true with a little help from Zola.

Build Your Registry

Your wedding registry will include all of the items that you want or need to start your marriage off right. You can register for anything from cash to dishes to gift cards. We recommend that you start your wedding registry seven to nine months before your wedding. That way, you won’t receive any unexpected, unreturnable gifts at your engagement party, wedding shower, or on your big day.

Build your wedding registry at Zola to combine gifts, experiences, and honeymoon funds all in one place. You can choose from over 100,00 gifts from 1,000 top brands in an easy-to-access and easy-to-use registry for both you and your guests.

Zola's registry offers easy exchanges (and your guests never need to know), a free thank you note manager, and even a real human advisor to help you every step of the way.

Create Save the Dates and Invites

Your save the dates are your first chance to build your wedding theme. Foreshadow whether your wedding day will be a lavish affair or a sleek ceremony with the design of your save the dates. Your wedding invite will seal the deal and make your guests almost as excited as you are for your big day.

Zola’s wedding stationery selections offer hundreds of affordable designs and enticing perks, such as:

  • Free guest addressing
  • Free shipping
  • Free matching wedding websites

Don’t forget about matching invitation suites! What’s an invitation suite, you ask? All of the paper goods sent along with your wedding invitation comprise the invitation suite, including:

  • Response card
  • Directions
  • Accommodations
  • Anything else guests need to know

A wedding invitation suite is the perfect way to show your guests not only that you mean (wedding) business, but also to make sure that they have all the details they need so you’re not fielding repetitive questions the busy week before your wedding.

Build a Wedding Website

The internet has undeniably made it easier to plan your wedding from the aforementioned registry to invites. Although not a requirement, like a marriage license, have you thought about building a wedding website?

Here are just a few reasons you might want to add a wedding website to your to-do list:

  • Guests can RSVP
  • Guests can access your registry
  • Guests can access travel information
  • Guest can access wedding details

Streamline your wedding planning process with your wedding website. Add everything your guests need to know, and they won’t pester you for those details. You can also share updates and engagement photos so that your loved ones can follow along with your journey.

Zola allows you to create a free wedding website from 250 design templates that match our save the dates and invitation designs.

Your Stress-Free Delaware Wedding at Zola

Delaware's marriage laws are pretty standard. You’ll need to obtain a marriage license, but that’s a straightforward process. The main thing you need to be aware of is timing—namely the 30-day expiration window and 24-96 hour waiting period. Most states don’t have waiting periods, so out-of-staters in particular need to be aware of their timing.

Timing is everything. Luckily, at Zola, your wedding will be planned in no time at all. Use our real wedding inspiration style boards and photos to hone in on your wedding theme, and then begin browsing wedding vendors who will bring your vision to life. Top it off with a free wedding website to guide your loved ones from their RSVP to their seat at the ceremony.

Find Your Wedding Vendors at Zola, All Pre-Screened for You