Apart from imposing penalties and fines on offenders across the divide, states around the country have enacted laws imposing non-offender…
Where to go
Where can I get a marriage license?
Delaware marriage licenses are issued on the county level, at the Clerk of the Peace Office, by the Clerk of the Peace.
Where can I use it once I get it?
Your marriage license can be used throughout the state, regardless of which Clerk of the Peace Office you get it from.
Your license is only valid within the borders of Delaware. For instance, you can't get a marriage license from the neighboring state of New Jersey, then use it here—and vice versa.
How much is a marriage license in Delaware?
There are two different price points:
Price 1: For residents
For residents of Delaware, a marriage license costs exactly $50.00 USD. This price is established by state law and doesn't change no matter where you buy your license.
Price 2: For non-residents
For those who are not residents of Delaware, a marriage license costs exactly $100.00 USD.
I've changed my mind; can I get my money back?
Clerk of the Peace Offices will not issue refunds for unused marriage licenses.
Must we both be present when applying?
Both parties to the marriage must appear together when applying for a marriage license.
Is there a waiting period to get a marriage license?
There is no waiting period to get a Delaware marriage license. You'll get your license the same day you apply for it.
How soon can I get married after getting a license?
Delaware law requires you to wait 24 hours after getting a marriage license before you're allowed to get married.
When will my marriage license expire?
Your Delaware marriage license will expire 30 days after it's been issued. If you don't get married before time runs out, you'll have to start over and apply for a brand new license.
I need more time; can I get an extension on my license?
Extensions are not provided for expired (or near expiring) marriage licenses. If your license completely expires you must reapply and repay the same $50.00 or 100.00 (for non-residents) application fee, wherein you'll be given 30 more days.
What are the rules for residents and non-residents?
Whether you're a resident or non-resident of Delaware, the rules are the same; you can apply for a marriage license anywhere in the state. You can then get married anywhere within the state.
How old must I be to get married?
You must be 18 years old (or above) to get married in Delaware without parental consent.
17 years old and below
You must obtain a court order from a Family Court Judge—in Delaware—which will authorize the Clerk of the Peace to issue a marriage license.
What forms of ID must I bring?
There are multiple types of identification to consider bringing when applying for a marriage license at your local Clerk of the Peace Office. They are as follows:
Provide one of the following:
- Driver's License
- State-issued Identification
- Military Identification Card
- Issued by U.S. Armed Forces
- Military Dependent Identification Card
- Issued by U.S. Armed Forces
- Permanent Resident Card
- Issued by USCIS
- Also referred to as an Alien Registration Card, Green Card, and Permanent Visa
- Consular Identification Card
- Issued by a foreign (non-U.S.) government body
- Birth Certificate
- Original or certified copy
Provide the following:
- Social Security Number
- Issued by the SSA
- You don't need to bring you card; just know your number
- It's understood that non-U.S. citizens are unlikely to have a SSN
How do I go about changing my name due to marriage?
Undergoing a marriage-related name change in the state of Delaware (or any other state) involves notifying various government and non-government institutions. You'll typically start with updating your Social Security Card, driver's license, passport, and other federal/state/non-governmental institutions.
Keep in mind, your name does not automatically and legally change just because you get married or obtain a marriage license or marriage certificate; you must go through the steps of updating your identification documents, whether it's through an online name change service, or contacting the SSA, State Dept. and DE DMV directly.
Am I required to get a blood test?
No, Delaware does not require you, nor your partner, to get a blood test as a condition for getting a marriage license.
What if I've been previously divorced?
If you've been previously divorced, or have had an annulment or dissolution, there are extra bits of information that you must provide the Clerk of the Peace when applying.
For your last divorce, annulment, or dissolution, provide the following:
Things you must bring
You will need to provide a copy of your divorce decree (aka divorce certificate). It must be an original or certified copy—not a photocopy. The Clerk of the Peace will not keep your certificate; it just needs to be examined for authenticity, and to confirm your previous marriage is over.
What if I'm separated from my spouse, but not yet divorced?
Delaware law forbids a marriage license be granted to anyone who is currently married or separated from their spouse. You must have your divorce finalized, or marriage annulled, before getting married again.
What if I'm currently a widow or widower?
If your previous marriage left you as a widow or widower, the Clerk of the Peace Office will need to solicit basic information regarding the death of your spouse. You only need to provide information for your last spouse who passed away.
Things you must bring
You must bring the original or certified copy of the death certificate for review. The Clerk of the Peace will hand the death certificate back to you once it's been looked over.
Are witnesses required to attend my marriage ceremony?
Delaware statutes require at least two (2) witnesses be present at your marriage ceremony.
Whomever officiates your marriage must log the contact information (typically name and address) and signature of each witness.
Note: The officiant does not count as a valid witness.
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