Delaware Marriage License Requirements 2026: 24-Hour Wait, Fees

In Delaware, a marriage license comes from the Clerk of the Peace in one of the state's three counties (New Castle, Kent or Sussex). You must get the license at least 24 hours before the ceremony, and it is good for 30 days. The statute still lists a $10 fee, but Kent County charges $70 for Delaware residents and $120 for nonresidents. The rules are in Title 13, Chapter 1 of the Delaware Code.

For other states, see our guide to marriage license requirements by state.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers getting married in Delaware under Title 13, Chapter 1, Subchapter I of the Delaware Code (§§ 101 to 129), with local practice from the New Castle, Kent and Sussex County Clerk of the Peace offices. It does not cover divorce, ordering old marriage records, common-law marriage, or marriage licenses from other states.

Where to apply for a Delaware marriage license

Delaware licenses are issued by county, not by town. Under 13 Del. C. § 109, "The several clerks of the peace of the various counties or their deputies, also known as the Marriage Bureau, shall issue all marriage licenses."

You can marry anywhere in Delaware with the license. Kent County says "the ceremony must take place within the state," and New Castle County says the "ceremony must take place within the State of Delaware." The statute we read does not tie the ceremony to the county that issued the license.

Both of you must appear together before the issuing officer and are examined under oath in each other's hearing (13 Del. C. § 120). The one exception: if one of you is critically ill, at the point of death, the attending physician may appear and apply for that person by affidavit.

How each county handles it:

• New Castle County: you can start the application online, then finish it at an in-person appointment. The county states: "A marriage license cannot be issued solely online."
• Kent County: "Both parties must appear together Monday through Friday, from 8:00 a.m. to 4:15 p.m."
• Sussex County: the Marriage Bureau in Georgetown issues licenses by appointment only, Monday through Friday, 8:30 a.m. to 4:30 p.m. Call (302) 853-1717 to schedule.

What to bring

Kent County asks for "A valid DMV issued ID/Driver's license, Passport, or Military ID with date of birth and proof of address." New Castle County asks for valid government-issued photo ID. If either of you was married before, both counties ask for the original or a certified copy of the divorce or annulment decree, or the death certificate of a former spouse.

The statute sets out what the application records (13 Del. C. § 122): the date, each person's full name, sex, Social Security number, birth date and occupation, the names and addresses of both sets of parents, and the date and place of any previous marriage and how it ended. Each of you also certifies that you are not related within a prohibited degree.

A few statutory rules can stop the application that day:

• Prior divorce: a divorced applicant must show a certified copy of the divorce decree (the last decree, if divorced more than once) or a certificate of the divorce from the clerk of the court that granted it, which the Clerk of the Peace inspects (13 Del. C. § 101(b)(6)).
• Residency claims: you do not need to live in Delaware to marry there. But if you claim to be a Delaware resident and the clerk does not know either of you as a resident, at least one of you must be identified by a reputable guarantor (13 Del. C. § 121).
• Sobriety: no license issues if either of you is under the influence of alcohol or a narcotic drug when you apply (13 Del. C. § 110).

How much a Delaware marriage license costs

Delaware's statute and its county offices give different numbers. 13 Del. C. § 108 still says "Clerks of the peace shall issue marriage licenses for $10 each," and sends $4 of each fee to the Department of Health and Social Services. That is not what couples pay at the counter today.

The county offices publish their own license and recording fees, and those county totals are what you will actually be charged. We did not open the separate authority counties rely on for their current amounts, so treat the county page as the final word, and expect fees to change.

Kent County says plainly: "THIS OFFICE ACCEPTS CASH ONLY." Sussex County takes cash and money orders, and waives its fees for active U.S. military personnel and veterans who bring a copy of DD Form 214 and apply in person. We found no premarital-course discount in Delaware.

Ceremony by the Clerk of the Peace: Kent County charges residents $50 on a weekday during regular hours, $75 after hours, and $100 on Saturday or outside the office; nonresidents pay $100, $125, $150 on Saturday, and $100 outside the office. New Castle County holds in-office ceremonies by appointment on Wednesdays ($50 if either of you is a resident, $100 if neither is) and Fridays ($100 or $150). Sussex County charges $50 for residents and $100 for nonresidents in the office during office hours, with higher fees after hours or outside the office.

The 24-hour waiting period

13 Del. C. § 107(a) states: "Persons intending to be married within this State shall obtain a marriage license at least 24 hours prior to the time of the ceremony." New Castle County puts it this way: "A 24-hour waiting period applies after the license is issued."

The Clerk of the Peace may shorten the 24 hours for good cause (13 Del. C. § 107(d)(1)). New Castle County says the wait can be waived if either of you is active-duty military or critically ill. The waiting period has teeth: under 13 Del. C. § 128, an officiant who performs a ceremony within 24 hours of the license's issuance, or after the 30 days have run, faces up to 6 months in jail, a fine of up to $500, or both.

We found no premarital-course waiver and no waiting period after a divorce in the sections we reviewed.

How long the license lasts

The license authorizes you "to marry within 30 days from the date of its issuance. In the event the marriage ceremony is not performed within 30 days, said license shall be void" (13 Del. C. § 107(c)). If that happens, you reapply and pay again; there is no refund, and the license cannot be reinstated or postdated.

The Clerk of the Peace may lengthen the 30 days for good cause, up to 180 days (13 Del. C. § 107(d)(2)). New Castle County states: "Marriage license extensions of 30, 60, or 90 days are available for an additional fee." Its fee schedule lists $25 for 30 days, $50 for 60 days and $75 for 90 days.

Who can marry in Delaware

Age: 18, no exceptions

13 Del. C. § 123(a) states: "No individual under the age of 18 shall be granted a marriage license." Before 2018, a minor could marry with a Family Court order obtained on a petition by a parent, guardian or next friend. Chapter 235 of Volume 81 of the Laws of Delaware (House Bill 337, approved May 9, 2018) repealed that route, and § 123(b) through (f) are now marked repealed. Kent and New Castle counties both list 18 as the minimum age.

Relatives you cannot marry

Under 13 Del. C. § 101(a), "A marriage is prohibited and void between a person and such person's ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin." There are no exceptions for first cousins.

The penalty for entering a prohibited marriage is a $100 fine (13 Del. C. § 102). A prohibited marriage entered outside Delaware is not valid in Delaware either (13 Del. C. § 101(d)), and a Delaware resident who marries a prohibited relative elsewhere and then lives with that spouse in Delaware faces the same penalty (13 Del. C. § 104).

Prior marriages

If either of you is divorced and the decree paperwork described above was not inspected, the marriage is voidable on a court's declaration (13 Del. C. § 101(b)(6)). Bring the decree.

Same-sex couples

13 Del. C. § 129 provides for equal treatment of same-gender and different-gender couples, and the code text carries no remaining ban. The official code site shows two versions of § 129: one "Effective until Dec. 6, 2026" and one "Effective Dec. 6, 2026."

No blood test

No blood test or medical exam appears in Title 13, Chapter 1, Subchapter I, or on the Kent and New Castle county pages. Sussex County's application page states: "No blood test is required."

Who can officiate a Delaware wedding

13 Del. C. § 106 lists who may solemnize a marriage. The officiant must be over 18 and be one of the following:

• A clergyperson or minister of any religion who lives in Delaware and is registered with the Clerk of the Peace of their county.
• A nonresident clergyperson or minister registered with the Clerk of the Peace of the county where the ceremony takes place.
• A current or former judge of the Delaware Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas or Justice of the Peace Court.
• A current or former federal judge or magistrate with jurisdiction over Delaware.
• A current or former Clerk of the Peace, within that county.
• The chief executive officer, such as the mayor, of an incorporated municipality, within its limits.

With written authorization for good cause, out-of-state judges, federal judges and Clerks of the Peace from other counties may also officiate.

Registration for clergy: the statute requires each county Clerk of the Peace to maintain an online registry. Sussex County says its online registry is not available yet and sends couples registration instructions for their officiant after they book a license appointment; Kent County asks officiants to send a copy of their ordination documentation before the ceremony. Registering in any county authorizes the officiant statewide, and the registration number goes on each marriage certificate. Unregistered clergy face a noncriminal penalty from the Clerk of the Peace that includes suspension or revocation of their authority to officiate (13 Del. C. § 106(c)). Anyone not authorized who performs a marriage faces a $100 fine, and the marriage is void unless it is otherwise lawful and either of you consummated it in full belief that it was valid (13 Del. C. § 106(e)).

Online ordination: the statute covers a "clergyperson or minister of any religion" and requires registration. We found no official statement on whether the county registries accept online-ordained ministers. If your officiant was ordained online, contact the Clerk of the Peace before the wedding.

The Clerk of the Peace can marry you. The clerk must perform a ceremony if the applicants request one (13 Del. C. § 106). Ceremonies may follow a religious form or be entirely secular.

Witnesses: § 106 states: "Marriages shall be solemnized in the presence of at least 2 reputable witnesses who are at least 18 years of age." The witnesses sign the certificate.

Self-uniting and proxy weddings: the statute's officiant list has no self-uniting option. On proxies, the law requires both of you to appear together to apply, with only the deathbed physician exception in § 120. The sections we read do not address whether the ceremony itself can be performed by proxy. If that matters to you, ask the Clerk of the Peace or a Delaware lawyer.

After the ceremony

Right after the ceremony, the officiant must give you a marriage evidence form (13 Del. C. § 115(b)) and must keep the license or a copy for at least one year (13 Del. C. § 114).

The code contains two different return deadlines, and both appear on the official code site:

• 4 days: under 13 Del. C. § 117(a), the officiant returns the forms and papers prescribed by the Department of Health and Social Services to the issuing Clerk of the Peace within 4 days after the ceremony. That section states no penalty.
• 15 days: under 13 Del. C. § 118(a), an officiant who "fails to return the certificate of marriage to the issuing clerk of the peace for recording within 15 days of the marriage ceremony shall be assessed a $50 late fee." An unpaid late fee suspends the officiant's authority to perform marriages.

The code does not say how the two deadlines fit together. Returning the certificate within 4 days satisfies both. Couples can confirm with their officiant that the certificate went back to the county that issued the license.

Certified copies come from the Clerk of the Peace of the county that issued the license. New Castle County lists $25 per copy plus a $5 processing fee, and Sussex County charges $25 once the license has been recorded. Delaware marriage records become open to the public after 50 years (13 Del. C. § 119). For ordering copies, see Delaware marriage and divorce records and our guide on how to get a copy of your marriage certificate.

The application contents in § 122 include no name-change field. To change your surname after the wedding, see Delaware name change laws and our guide to changing your name after marriage.

Recent and upcoming changes

• December 28, 2025: Chapter 67 of Volume 85 of the Laws of Delaware (Senate Bill 7, approved July 1, 2025) took effect. It amended §§ 101, 111, 113 and 122 to end the rule that an applicant on probation or parole needed written consent from the supervising court or institution to marry.
• December 6, 2026: a new version of § 129 (equal treatment of marital relationships) takes effect, according to the official code site. The only wording change is in subsection (d), on the presumption of parentage for a child of whom either spouse becomes the parent during the marriage; it does not change how you get a marriage license.

Common myths about Delaware marriage licenses

• "A Delaware marriage license costs $10." That is the figure in 13 Del. C. § 108. Kent County charges $70 for residents and $120 for nonresidents.
• "You can get the license entirely online." New Castle County says a license cannot be issued solely online; both of you must appear together (13 Del. C. § 120).
• "A 16- or 17-year-old can marry with a parent's consent." No one under 18 can get a license (13 Del. C. § 123(a)).
• "First cousins can marry in Delaware." First-cousin marriages are void (13 Del. C. § 101(a)).
• "Any friend can get ordained online and officiate." Clergy must register with a Clerk of the Peace, and an unauthorized officiant faces a $100 fine and can leave the marriage void (13 Del. C. § 106).

Disclaimer: This article provides general legal information about Delaware marriage licenses under Title 13, Chapter 1 of the Delaware Code, verified on October 7, 2026. It is not legal advice. For your specific situation, contact the Clerk of the Peace in your county or a lawyer licensed in Delaware.

Related

• Marriage license requirements by state
• Pennsylvania marriage license requirements
• New Jersey marriage license requirements
• Delaware common-law marriage
• Delaware marriage and divorce records

Last updated: October 7, 2026.

Frequently Asked Questions

How much is a marriage license in Delaware?

Kent County charges $70 for Delaware residents and $120 for nonresidents, cash only. 13 Del. C. § 108 still lists $10, so check your county Clerk of the Peace for the current amount.

Is there a waiting period to get married in Delaware?

Yes. You must get the license at least 24 hours before the ceremony (13 Del. C. § 107(a)). The Clerk of the Peace may shorten the wait for good cause.

How long is a Delaware marriage license good for?

30 days from issuance, after which it is void and you must reapply with no refund (13 Del. C. § 107(c)). The Clerk of the Peace may extend it for good cause up to 180 days.

Can we get married in Delaware if we don't live there?

Yes. Delaware has no residency requirement to marry, but nonresidents pay more: $120 instead of $70 in Kent County.

Can first cousins marry in Delaware?

No. 13 Del. C. § 101(a) makes a marriage between first cousins prohibited and void.

Can a 17-year-old get married in Delaware?

No. 13 Del. C. § 123(a) states that no individual under the age of 18 shall be granted a marriage license, and the former Family Court order route was repealed in 2018.

Who can officiate a wedding in Delaware?

Registered clergy, current or former Delaware and federal judges, a Clerk of the Peace, or a municipal chief executive within the municipality, among others listed in 13 Del. C. § 106. Clergy must register with a county Clerk of the Peace.

How many witnesses do you need to get married in Delaware?

At least two reputable witnesses who are at least 18 years old (13 Del. C. § 106).

How long does the officiant have to return the marriage license in Delaware?

13 Del. C. § 117(a) says within 4 days after the ceremony. Separately, § 118(a) imposes a $50 late fee if the certificate is not returned within 15 days.