How to Get Married in Delaware (2026)
Reviewed by DocDraft Legal Team · Delaware · Last updated 2026-05-18
In Delaware, a wedding is not just a personal milestone but a series of state-law steps with their own deadlines. The waiting-period rule reads as follows: 24 hours. The window during which the license remains usable: 30 days. On common-law marriage, Not invalid by reason of failure to take out a license. This guide lays out the Delaware-specific sequence and the documents and rules that govern it.
Key Considerations
A Delaware marriage starts with a license, and a license starts with two threshold questions: cost and age eligibility. The cost question runs to the issuing clerk: Delaware residents pay a $70 total license fee, non-residents pay a $120 (Cash Only) total license fee. See the state agency website. The age question is set by the state marriage code: No individual under the age of 18 shall be granted a marriage license. Both are settled before any application is signed.
Two formation rules complete the Delaware marriage picture. Not invalid by reason of failure to take out a license. 13 Del. C. § 106. The first tells you whether Delaware will recognize a marriage that never went through a ceremony at all; the second tells you which ceremonies the state will recognize.
Two clock-driven rules sit around every Delaware marriage license. The first is the post-issuance waiting period: 24 hours. See the state agency website. The second is the license validity window: 30 days. Together they bracket the legal window during which the ceremony is enforceable.
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Relevant Documents
A Delaware marriage filing usually carries the marriage-license application, supporting identification documents, and any premarital-course completion certificate the couple intends to use for a fee or waiting-period reduction. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Whatever the current Delaware marriage-license fee amount, it is collected by the issuing clerk at the application appointment rather than billed later.
Beneficiary Designation Forms
Documents that specify who receives assets from retirement accounts, life insurance policies, and other financial accounts upon your death.
Durable Power of Attorney
Authorizes someone to make financial and legal decisions on your behalf if you become incapacitated, ensuring your affairs can be managed without court intervention.
Healthcare Power of Attorney
Designates someone to make medical decisions for you if you're unable to do so, ensuring your healthcare preferences are respected.
Prenuptial Agreement
A contract entered into before marriage that establishes rights to property and financial support in case of divorce or death. This document can protect pre-marital assets and outline financial responsibilities during marriage.
Updated Will
A legal document that specifies how your assets should be distributed after death. Marriage typically invalidates previous wills in many jurisdictions, making it important to create a new one that includes your spouse.
Relevant Laws
Delaware Marriage License Requirements
In Delaware, couples must obtain a marriage license before getting married. Both parties must appear in person at a marriage bureau in any county, provide valid identification, and pay the required fee. There is no waiting period, and the license is valid for 30 days after issuance.
Age Requirements for Marriage in Delaware
Delaware law requires both parties to be at least 18 years old to marry. The state eliminated all exceptions for minors in 2018, making it one of the few states with an absolute minimum age requirement of 18.
Delaware Marriage Ceremony Requirements
Delaware recognizes marriages performed by various officials including judges, justices of the peace, and religious leaders. The ceremony must include a declaration by both parties that they take each other as spouses, and must be witnessed by at least two people over 18 years of age.
Delaware Marriage Certificate Filing
After the ceremony, the officiant must complete the marriage certificate and return it to the issuing clerk's office within 15 days. This official filing is necessary to create a legal record of the marriage.
Delaware Property Rights in Marriage
Delaware is not a community property state but follows equitable distribution laws. This means that property acquired during marriage may be divided equitably (fairly but not necessarily equally) in case of divorce. Understanding these property implications before marriage is important.
Regional Variances
Delaware Marriage Requirements
New Castle County requires couples to apply for a marriage license at the Marriage Bureau in the City/County Building in Wilmington. There is a 24-hour waiting period after application before the license is issued. The license fee is $50, and both parties must appear in person with valid identification. The license is valid for 30 days after issuance.
In Kent County, marriage licenses are issued by the Clerk of the Peace office in Dover. The application process requires both applicants to appear in person with valid ID and proof of Social Security numbers. Kent County also has a 24-hour waiting period, and the license fee is $50. The license remains valid for 30 days.
Sussex County issues marriage licenses through the Clerk of the Peace office in Georgetown. Both parties must apply in person with valid photo ID. The waiting period and fee are the same as other Delaware counties ($50 fee and 24-hour waiting period), but Sussex County may have different office hours for application submission. The license is valid for 30 days after issuance.
As Delaware's largest city, Wilmington follows New Castle County procedures but may have additional resources for marriage ceremonies. The city offers civil ceremonies at City Hall for an additional fee of $45, which must be scheduled in advance. Wilmington also has specific guidelines for marriages performed in city parks or public spaces, requiring permits for gatherings over a certain size.
Dover, as the state capital, offers civil ceremonies at the Kent County Courthouse. The city has specific regulations regarding outdoor ceremonies in historic districts or state properties, which may require special permits. Civil ceremonies performed by the Clerk of the Peace cost an additional $45 beyond the license fee.
Suggested Compliance Checklist
File the marriage-license application with the Delaware issuing clerk (county clerk, town clerk, or probate office.
Before the ceremony days after startingDelaware residents pay a $70 total license fee, non-residents pay a $120 (Cash Only) total license fee. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests.
Have identification and prior-marriage paperwork ready when filing the application
Before the ceremony days after startingStandard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married.
Where the state recognizes a premarital-course incentive, plan the course before applying
Before the ceremony days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing.
Plan the ceremony date around the statutory waiting period
Before applying days after starting24 hours. A ceremony performed before the waiting period runs is voidable; the couple should confirm the earliest lawful date directly with the clerk.
Confirm the license validity window before locking the ceremony date
Before the ceremony days after starting30 days. The license expires by operation of law at the end of the window; a ceremony performed after expiration is not lawful and the couple must reapply.
Hold the ceremony with an authorized Delaware officiant
At the ceremony days after starting13 Del. C. § 106. Make sure the officiant is qualified under the state's officiant list before the ceremony; a marriage performed by a person not authorized to solemnize is not a lawful Delaware marriage.
Have the officiant return the executed license to the clerk after the ceremony
After the ceremony days after startingThe clerk records the marriage and issues the certified certificate; many states impose a strict return deadline (often 10 to 30 days), so the officiant should not delay.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| File the marriage-license application with the Delaware issuing clerk (county clerk, town clerk, or probate office. | Delaware residents pay a $70 total license fee, non-residents pay a $120 (Cash Only) total license fee. Each applicant should bring valid photo identification and any prior-marriage termination documents the clerk requests. | - | Before the ceremony |
| Have identification and prior-marriage paperwork ready when filing the application | Standard documents include a current driver's license or passport for each applicant, plus a certified divorce decree, annulment order, or spouse's death certificate for anyone previously married. | - | Before the ceremony |
| Where the state recognizes a premarital-course incentive, plan the course before applying | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. The clerk applies the fee reduction or waiting-period waiver based on the original course-completion certificate produced at filing. | - | Before the ceremony |
| Plan the ceremony date around the statutory waiting period | 24 hours. A ceremony performed before the waiting period runs is voidable; the couple should confirm the earliest lawful date directly with the clerk. | - | Before applying |
| Confirm the license validity window before locking the ceremony date | 30 days. The license expires by operation of law at the end of the window; a ceremony performed after expiration is not lawful and the couple must reapply. | - | Before the ceremony |
| Hold the ceremony with an authorized Delaware officiant | 13 Del. C. § 106. Make sure the officiant is qualified under the state's officiant list before the ceremony; a marriage performed by a person not authorized to solemnize is not a lawful Delaware marriage. | - | At the ceremony |
| Have the officiant return the executed license to the clerk after the ceremony | The clerk records the marriage and issues the certified certificate; many states impose a strict return deadline (often 10 to 30 days), so the officiant should not delay. | - | After the ceremony |
Frequently Asked Questions
Delaware residents pay a $70 total license fee, non-residents pay a $120 (Cash Only) total license fee. Pricing is best confirmed against the issuing clerk's published fee schedule. In states with a premarital-course discount, the course-completion certificate is presented at the application appointment to claim the reduction.
Not invalid by reason of failure to take out a license. Where a state does still recognize common-law marriage, the elements (present-tense agreement to be married, cohabitation in the state, holding out as married) vary in detail, and a couple relying on the doctrine should document each element.
24 hours. Couples planning a Delaware ceremony should calendar the earliest lawful date from license issuance and book the ceremony on or after that day; a ceremony performed before the period runs is not a lawful marriage.
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