Getting Married in Delaware: A Legal Guide

Before beginning the marriage process, research Delaware's specific requirements. Delaware requires both parties to be at least 18 years old (or have parental consent if between 16-17). There is no waiting period after receiving your license, but the license is only valid for 30 days after issuance.

Both parties must appear in person at a Delaware marriage bureau in any county. You'll need to bring valid photo ID, proof of Social Security numbers, and pay the license fee (approximately $70-100, varies by county). If previously married, bring proof of how the marriage ended (divorce decree or death certificate).

While optional, a prenuptial agreement can protect assets acquired before marriage and outline financial responsibilities. In Delaware, prenups must be in writing, signed by both parties, and executed voluntarily with full disclosure of assets. Consider consulting with separate attorneys to ensure the agreement is enforceable under Delaware law.

In Delaware, marriages can be performed by judges, justices of the peace, clergy, or religious leaders. Ensure your officiant is authorized under Delaware law. The ceremony must include a declaration by both parties that they take each other as spouses, and must have at least two witnesses present.

If changing your name after marriage, you'll need to update your Social Security card first, then your driver's license at the Delaware DMV, followed by other documents. Bring your certified marriage certificate to these appointments as proof of the name change.

Marriage automatically revokes a previously existing will in Delaware unless the will specifically states it was made in contemplation of the marriage. Create or update your will to reflect your new marital status and ensure your spouse is included according to your wishes. Delaware law provides certain protections for spouses regardless of what a will states.

This document allows your spouse (or another designated person) to make medical decisions on your behalf if you become incapacitated. In Delaware, this document must be signed in the presence of two witnesses or a notary public. Your witnesses cannot be your designated agent or healthcare providers.

This grants your spouse (or another designated person) authority to handle financial and legal matters if you become incapacitated. In Delaware, this document must be signed before a notary public to be valid. Consider including specific powers you want to grant and any limitations.

Review and update beneficiary designations on life insurance policies, retirement accounts, investment accounts, and other financial assets. Marriage does not automatically change these designations in Delaware, so you must update them manually to include your spouse if desired.

Decide whether to maintain separate accounts or establish joint accounts. Delaware follows common law property rules, meaning assets acquired during marriage aren't automatically considered jointly owned unless titled that way. Joint accounts create rights of survivorship, allowing automatic transfer to a surviving spouse.

Marriage is a qualifying life event that allows you to add your spouse to your health insurance or switch to your spouse's plan. In Delaware, you typically have 30-60 days after marriage to make these changes outside of open enrollment periods. Contact your insurance provider or employer's HR department for specific requirements.

Marriage will affect your tax filing status. Research whether filing jointly or separately is more advantageous for your situation. If married before December 31, you'll be considered married for the entire tax year. Delaware has its own state income tax that will also be affected by your marital status.