Delaware Marriage License Requirements 2026
Everything you need to legally marry in Delaware: $50 to $120, varies by county and residency license fee, 24 hours waiting period, 30 days validity, minimum age 18, 2 witnesses (18 or older) witnesses required. Apply at the Clerk of the Peace.
Delaware Marriage License: Quick Facts
How Much Is a Marriage License in Delaware?
A marriage license in Delaware costs $50 to $120, varies by county and residency. This is the standard fee charged by the Clerk of the Peace when you submit your application in person. The fee covers the license itself, recording, and one certified copy of the marriage certificate in most counties.
Payment is typically accepted in cash, card, or check, though policies vary by county. Some counties charge extra for additional certified copies, which you may need for name changes, passport applications, or insurance updates after the wedding. Call your county clerk in advance to confirm accepted payment methods and total cost with additional copies.
Compared to the national average of $60-$80, Delaware's fee is slightly above the national average.
How to Get a Marriage License in Delaware
Gather required documents
Both partners need a valid government-issued photo ID. If you have been previously married, bring the final divorce decree or your former spouse's death certificate. Delaware does not require proof of residency.
Visit the Clerk of the Peace
Both applicants must appear in person at the Clerk of the Peace in any Delaware county. You can typically apply in the county where you plan to marry or the county where you live - check your specific county for any local rules.
Complete the application and pay the fee
Fill out the marriage license application and pay the $50 to $120, varies by county and residency fee. Be ready to provide both Social Security numbers (or visa numbers for non-citizens), your parents' full names, and your places of birth.
Wait 24 hours
Delaware has a mandatory 24 hours waiting period between application and ceremony. Plan your application visit at least a week before your ceremony to allow buffer time.
Hold the ceremony within the validity window
The license is valid for 30 days from the date of issue. The ceremony must be officiated and the license signed within this window. Authorized officiants in Delaware: Ordained ministers, priests, rabbis, and clergy of any religious denomination who are registered with the county Clerk of the Peace. Current or former state or federal judges. Current or former Clerks of the Peace, within their own county. Mayors of any Delaware city or town, within their municipality. Other individuals may be approved by a Clerk of the Peace for good cause.
Return the signed license for recording
After the ceremony, the officiant signs the license along with any required witnesses. The signed license must be returned to the Clerk of the Peace (often by the officiant) within the timeframe specified by Delaware law. The county then issues your official marriage certificate.
Special Situations in Delaware
Previously married
Bring the final divorce decree or death certificate of your former spouse. Some Delaware counties require the decree be from within a certain number of months - check with the Clerk of the Peace.
Out-of-state couples
Delaware has no residency requirement, making it a popular state for destination weddings. Both partners just need to appear in person at the Clerk of the Peace with valid ID.
Same-sex marriages
Same-sex marriages are fully legal in Delaware following Obergefell v. Hodges (2015). The requirements are identical to opposite-sex marriages with no additional steps.
Non-citizens
Foreign nationals can marry in Delaware on a tourist visa with a valid passport. The marriage itself does not change immigration status. You may need certified translations of any foreign documents.
Important Delaware Notes
Who Can Officiate in Delaware
Ordained ministers, priests, rabbis, and clergy of any religious denomination who are registered with the county Clerk of the Peace. Current or former state or federal judges. Current or former Clerks of the Peace, within their own county. Mayors of any Delaware city or town, within their municipality. Other individuals may be approved by a Clerk of the Peace for good cause.
Good to Know
Delaware banned marriage under 18 with no exceptions via H.B. 337, signed May 9, 2018, making it (alongside New Jersey, the same year) the first US state to do so. The 24-hour waiting period runs from license issuance to the ceremony. Two witnesses, each at least 18, must be present at the ceremony and sign the marriage certificate. Marriage license fees are set independently by each county's Clerk of the Peace: New Castle and Sussex Counties charge $50 resident/$100 non-resident, while Kent County charges $70 resident/$120 non-resident (cash only in Kent and Sussex).
Delaware Marriage License Document Checklist
- Valid government-issued photo ID for both applicants (passport, Delaware drivers license, state ID, military ID)
- Birth certificates if requested by the Clerk of the Peace
- Social Security numbers for both partners (visa numbers acceptable for non-citizens)
- Divorce decree or death certificate if either partner was previously married
- Marriage license fee of $50 to $120, varies by county and residency - confirm accepted payment methods with your county
- Out-of-state couples are welcome - no residency required
- 2 witnesses (18 or older) for the ceremony, each at least 18
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Marriage License Requirements in Other States
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Delaware Marriage License FAQ
Everything you need to know about our free tools and how they help your wedding day.
A Delaware marriage license costs $50 to $120, varies by county and residency. The fee is paid at the Clerk of the Peace when you apply. Some counties may charge slightly more for processing or a certified copy of the marriage certificate. Payment methods vary by county - call ahead to confirm whether the office accepts cash, card, or check only.
Yes. Delaware requires a 24 hours waiting period between applying for and using your marriage license. Delaware banned marriage under 18 with no exceptions via H.B. 337, signed May 9, 2018, making it (alongside New Jersey, the same year) the first US state to do so. The 24-hour waiting period runs from license issuance to the ceremony. Two witnesses, each at least 18, must be present at the ceremony and sign the marriage certificate. Marriage license fees are set independently by each county's Clerk of the Peace: New Castle and Sussex Counties charge $50 resident/$100 non-resident, while Kent County charges $70 resident/$120 non-resident (cash only in Kent and Sussex).
A Delaware marriage license is valid for 30 days from the date of issue. The ceremony must be performed within this window or you will need to reapply and pay the fee again. Keep the dates in mind when scheduling your application visit.
Delaware accepts valid government-issued photo ID for both applicants. Acceptable forms include a US passport, state driver's license or state ID card, US military ID, permanent resident card, or foreign passport. Both partners must present ID in person at the Clerk of the Peace.
Yes. Delaware requires 2 witnesses (18 or older) for the ceremony. Witnesses must usually be at least 18 and capable of signing the marriage license. Most couples ask the maid of honor and best man, but anyone meeting the legal age requirement can serve.
No. Delaware does not require residency to obtain a marriage license. Out-of-state couples can apply at any Clerk of the Peace as long as both partners are present and bring the required ID. This makes Delaware a popular destination wedding state.
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