What you need to legally marry in Delaware: a $50 to $120 fee, 24 hours waiting period, 2 witnesses and a license that is valid 30 days. You apply at the Clerk of the Peace.
The eight things the Clerk of the Peace will ask about or check. County rules can add small extras, so confirm with your local office before you go.
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A marriage license in Delaware costs $50 to $120, varies by county and residency. You pay it at the Clerk of the Peace when you apply. Extra certified copies of the marriage certificate, which you will want for a name change, a passport or insurance updates, often cost more.
That puts Delaware inside the roughly $30 to $100 range most states charge. Accepted payment methods differ from office to office, so check before the visit.
Both partners need a valid government photo ID. If either of you was married before, bring the final divorce decree or the former spouse's death certificate. Delaware does not require proof of residency.
In most counties both of you go in person, and some offices ask you to fill in the form online or book an appointment first. Check which offices can issue your license before you drive anywhere.
Fill in the application and pay the $50 to $120, varies by county and residency fee. Have both Social Security numbers ready (non-citizens can usually give a passport or visa number), plus your parents' full names and your places of birth.
Delaware's waiting period: 24 hours. Apply at least a week before the ceremony so the wait never squeezes your date.
The license is valid for 30 days from the date of issue. The ceremony has to happen and the license has to be signed inside this window. An authorized officiant leads the ceremony, see who qualifies below.
After the ceremony the officiant and any required witnesses sign the license. It goes back to the Clerk of the Peace, often filed by the officiant, within the time Delaware law allows. The county then records it and issues your marriage certificate.
A short walkthrough of the documents and the clerk visit. Fees and offices differ by state, so match the details to the Delaware facts above.
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At 18 or older you can marry without anyone's permission.
No one under 18 can marry in Delaware, even with parental consent or court approval. The ban has been in place since 2018.
Bring the final divorce decree or the former spouse's death certificate to the first visit. Ask the Clerk of the Peace whether it needs a certified copy.
Delaware has no residency requirement, so couples from other states can apply at the Clerk of the Peace with valid ID. The license only works for a ceremony inside Delaware.
Same-sex marriage is legal in Delaware, as in every state, since Obergefell v. Hodges (2015). The requirements are the same for every couple.
Foreign nationals can marry in Delaware with a valid passport as photo ID. Marrying does not change immigration status by itself, and documents in another language may need certified translations.
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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.
Officiant rules in every stateDelaware 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).
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Fees, waiting period, validity, ID, witnesses and residency for Delaware.
A Delaware marriage license costs $50 to $120, varies by county and residency. You pay it at the Clerk of the Peace. Certified copies of the marriage certificate, which you need for a name change, can cost extra. Payment methods differ by office, so call ahead to check whether it takes cash, card or check.
Yes. Delaware's waiting period: 24 hours. Plan to apply at least one to two weeks before your ceremony.
A Delaware marriage license is valid for 30 days from the date of issue. The ceremony has to happen inside this window, or you reapply and pay the fee again.
Each partner needs a valid government photo ID, such as a US passport, a driver's license or state ID card, a US military ID, a permanent resident card or a foreign passport. Bring it to the Clerk of the Peace, and check the office's own list before you go.
Yes. Delaware's rule: 2 witnesses (18 or older). Witnesses usually need to be adults who can sign the license. Most couples ask the maid of honor and the best man.
No. Delaware does not require residency. Out-of-state couples can apply at the Clerk of the Peace with the required ID, and the license works for a ceremony anywhere in Delaware.
