How to Get Married in Delaware: License, Waiting Period, and Ceremony

To get married in Delaware, both partners must be at least 18, apply together in person for a marriage license at any Clerk of the Peace office, wait 24 hours, and then hold a ceremony inside Delaware with an authorized officiant and two adult witnesses. The officiant returns the signed certificate to the Clerk of the Peace, and the marriage becomes part of the public record.

Who Can Marry

Both partners must be 18 or older on the day you apply. Delaware was the first state to end all underage marriage in 2018, and there is no parental-consent or judicial exception.

Certain family relationships are prohibited and the marriage is void. You cannot marry an ancestor, descendant, sibling, half-sibling, uncle, aunt, niece, nephew, or first cousin, and a marriage between prohibited relatives obtained in another state will not be recognized here.¹

If either of you was married before, that marriage must have legally ended. You will need to bring the original or a certified copy of the final divorce decree, annulment decree, or death certificate; photocopies are rejected, and the Clerk inspects the document in person. If you have been divorced more than once, bring the most recent decree. When the decree genuinely cannot be obtained, a Resident Judge of the county may issue a certificate accepting the facts as stated by the applicant.²

Anyone currently on probation or parole needs written consent from their supervising officer before a license will be issued.

One boundary worth naming: Delaware does not let couples create a new common-law marriage within the state. It will, however, recognize a common-law marriage that was validly formed in a state that still permits them.¹

Applying for the Marriage License

Apply at any Clerk of the Peace office in New Castle, Kent, or Sussex County.³ Both of you must appear together and be examined under oath in each other’s presence. The only exception is when one partner is critically ill and near death; in that case, the attending physician may act as a proxy for the application itself.¹

Each applicant should bring:

A valid government-issued photo ID showing your date of birth (driver’s license, state ID, passport, or military ID).
Your Social Security number. The physical card is not required.
Each parent’s full name (including mother’s maiden name), birthplace, and current residence.
An original or certified copy of the divorce decree, annulment decree, or death certificate if you were married before.
The original or a certified copy of any court order if you have had a legal name change.

The same documentation applies at all three county offices.² No blood test or medical exam is required.

Fees

The license fee is $50 for Delaware residents and $100 for non-residents. A $20 recording fee is added to every license, so the total is $70 for residents and $120 for non-residents.⁴

Timing: The 24-Hour Wait and the 30-Day Window

Once the license is issued, a 24-hour waiting period runs from the time you applied. After that, the license is valid for 30 days and may only be used inside Delaware.² An officiant who performs a ceremony before the 24 hours have passed, or after the 30-day window has closed, faces a fine of up to $500 or up to six months in jail.¹ For Delaware residents, the full process from application to legal ceremony can be done in two days.

The Ceremony

The license has to be handed to the officiant before the ceremony begins. The ceremony itself must take place within Delaware, in front of at least two witnesses who are 18 or older, and those witnesses sign the marriage certificate.⁵

Who Can Officiate

Delaware authorizes the following people, all of whom must be over 18, to solemnize a marriage:

Any minister or clergyperson of any religion who is registered with the Clerk of the Peace. Resident clergy register in the county where they live; non-resident clergy register in the county where the ceremony will be held.
Current or former judges of the Delaware Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, or Justice of the Peace Court.
Current or former federal judges or magistrates with jurisdiction over Delaware.
A current or former Clerk of the Peace, within the county where that office is or was held. If the Clerk is absent, the chief deputy or an appointed deputy may step in.
The chief executive officer of an incorporated Delaware municipality, within that municipality’s boundaries.

If someone without proper authorization performs a ceremony, they face a $100 fine and up to 30 days in jail, and the marriage is void unless it would otherwise have been lawful and one partner genuinely believed the officiant was authorized.⁵

Out-of-State Officiants

A non-resident clergyperson must register with the Clerk of the Peace in the county where the ceremony will happen before the wedding. Sussex County, for example, recommends calling at least 60 days ahead to schedule the license appointment, at which point staff will send instructions for registering the officiant.⁶ Upon registration, the officiant receives a card with a personal registration number that must appear on the marriage certificate.

Judges from another state’s judiciary, and federal judges without Delaware jurisdiction, are handled differently: a county Clerk of the Peace can authorize them on a case-by-case basis for good cause shown.

No Proxy or Video Ceremonies

Delaware does not allow proxy marriages or ceremonies conducted by video. The only proxy provision applies to the license application when one partner is critically ill, not to the ceremony. Both partners and both witnesses must be physically present when the vows are exchanged.

After the Ceremony

The officiant is responsible for returning the completed marriage certificate to the Clerk of the Peace office that issued the license. The statutory deadline is four days after the ceremony.¹ If it isn’t returned within 15 days, the Clerk assesses a $50 late fee, and the officiant’s authorization to perform future marriages is suspended until the fee is paid. The duty is theirs, not yours, but confirm they know the timeline; a missing certificate causes problems the first time you need a certified copy.

Once recorded, the certificate becomes a public record. Certified copies are available from the Clerk of the Peace or the Bureau of Vital Statistics at $25 per copy. Active-duty military members and their spouses are exempt from the fee.⁷ Order two or three copies at once; you will need them for name changes and other updates.

If you plan to use the certificate in a foreign country, you will also need an apostille from the Delaware Secretary of State’s Division of Corporations, which authenticates the document under the Hague Convention.

Changing Your Name

Marriage does not automatically change your legal name. If you are taking your spouse’s name or hyphenating, update each record one at a time, starting with Social Security, because most other agencies will want to see the updated card before they process a change.

Social Security requests can sometimes be submitted online, or you can book an appointment at a local office; a replacement card arrives by mail within 5 to 10 business days, and there is no fee.⁸ From there, update your Delaware driver’s license at the DMV, then banks, employers, insurers, and any professional licenses. Each will want the certified marriage certificate and your updated Social Security card.

For your passport, which form you file depends on when the current one was issued and whether it is still valid: Form DS-11 for a new application, DS-82 for a renewal, or DS-5504 for a name correction within one year of issuance. The State Department’s fee calculator shows the exact amount for your situation, and a correction on a passport less than a year old may be free.⁹

1
Delaware Code Online. Delaware Code Title 13 Chapter 1 Subchapter I – General Provisions
2
Sussex County. Applying for a Marriage License
3
Delaware State Courts. Licenses and Registrations – Help and Support
4
Sussex County. Marriage Fees
5
Justia. Delaware Code Title 13 Section 106 – Individuals Authorized to Solemnize Marriages
6
Sussex County. Officiators Information
7
Justia. Delaware Code Title 16 Section 3132 – Fee for Issuance of Certificates
8
Social Security Administration. Change Name with Social Security
9
U.S. Department of State. Passport Fees