Delaware Marriage

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 29, 2010

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The state of Delaware has specific requirements for obtaining a marriage license. Couples need not be residents of the state, but must wait 4 days following the application for the marriage license to be issued. Furthermore, minors must get the consent of their parents. The exact requirements for obtaining a Delaware are set forth below.

 

Delaware Marriage Consent Laws

  • With Parental Consent: Any individual under 18 must provide a signed parental consent form, which can be obtained at the Delaware Clerk of the Peace office.
  • Without Parental Consent: Individuals 18 years of age and older can get married in Delaware without parental consent.

 

Delaware Common Law Marriage

Delaware does not recognize common law marriages.

 

Delaware Marriage License

  • Residency:  No residency requirement for obtaining a Delaware marriage license, but there is a 4-day waiting period for non-residents after applying.
  • Tests: None.
  • Identification Required:  Couples must provide simple photo identification or a birth certificate, as well as social security number.
  • Appearance/Proxy:  Proxy marriages are not allowed in Delaware.
  • Previous Marriages:  Any individual previously married must provide a certified copy of the divorce decree or death certificate of a deceased spouse.
  • Length of License:  A Delaware marriage license is valid for 30 days after issuance.
  • Fees:  $35, payable in cash only.
  • Authorized Delaware Officiants:  Officiants in Delaware include any Delaware Clerk of the Peace and any ordained minister. Ministers must keep a copy of the marriage license for one year and provide the required forms to a Clerk of the Peace within 4 days of the marriage ceremony.

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