Delaware State Marriage Laws 

Couples planning to tie the knot in Delaware, also known as The First State, must be at least 18 years of age and must provide a valid photo ID, including a driver’s license, state-issued ID or passport, when applying for a marriage license.  Individuals who are under the age of 18 and wish to be married in the state of Delaware must have signed parental consent forms, which can be obtained at the Clerk of the Peace office.  

Neither blood nor medical tests are required, but there is a 24-hour waiting period for residents and a 96-hour waiting period for non-residents.  Individuals who were previously married must supply either the original or a certified copy of a divorce decree or their former spouse’s death certificate.   

The state of Delaware does not have any residential requirements, which means you can exchange vows even if you are not a resident of this northern state.  Vacationers, former residents and all others are free to tie the knot here.  Once granted, a marriage license is valid for 30 days.  Application and/or marriage license fees may vary by county, which means you must check with the local courthouse regarding the actual cost and acceptable payment methods.  The average cost is $35.00 and most locations require cash payments, but it’s advisable to call ahead just to confirm. 

Same sex marriage is not permitted in the state of Delaware.  Common law marriages, which are those that a state may acknowledge after a couple has lived together for a certain amount of time, are not recognized in the state.  A wedding can be conducted by an ordained minister and/or clerk of the peace. 

Planning a wedding isn’t state law, but it certainly makes for a more memorable experience.  The official state flower, which is the peach blossom, would be ideal for a bridal bouquet, wedding decorations, etc.  There are a number of tranquil locations, resorts and tourist destinations that would make Delaware the ‘first’ choice for an upcoming wedding. 

The information contained in this article is designed to be used for reference purposes only.  It should not be used as, in place of or in conjunction with professional legal advice.  Marriage laws and requirements can change, which means that you should check with your county courthouse regarding the application process for a marriage license, laws, fees and other requirements.   

To obtain a copy of an Delaware marriage certificate, send $10.00 to: Office of Vital Statistics, Division of Public Health, 417 Federal St., Dover, DE 19901.  A photo ID is required for all transactions and a copy of ID is required for mailed requests.

Delaware Family Code

Title 13, Chapter 1 provide information on Delaware marriage laws.