Delaware Marriage License

Getting a marriage license in Delaware means going to the Clerk of the Peace in the county where you plan to marry. Delaware has three counties, each with its own office. Both parties must show up together, bring valid ID, and pay the fee. The state requires a 24-hour waiting period before the license is valid. Once issued, you have 30 days to use it. This page covers what you need to know about applying for a marriage license anywhere in Delaware, from the required documents to where you can order certified copies of a marriage certificate after the wedding.

Where to Get a Delaware Marriage License

In Delaware, the Clerk of the Peace issues all marriage licenses. There is no city-level marriage bureau anywhere in the state. You must go to the county office that covers the area where your ceremony will take place. The Delaware State Courts direct couples to the appropriate county office based on where they plan to marry. The three counties each run their own Marriage Bureau under the Clerk of the Peace.

New Castle County's Marriage Bureau is at 800 N. French Street, 2nd Floor, Wilmington, DE 19801. The phone number is (302) 395-7780. As of April 1, 2025, walk-ins are no longer accepted at New Castle County. You must make an appointment before going in. The office is open Monday through Friday, 8:00 to 11:30 AM and 1:00 to 3:30 PM.

Kent County handles licenses at 555 Bay Road, Dover, DE 19901. Reach them at 302-744-2346 or Clerk@kentcountyde.gov. Licenses are issued Monday through Friday, 8:00 AM to 4:15 PM. Kent County is cash only for all fees. Sussex County's office is at 2 The Circle, 2nd Floor Room 226, Georgetown, DE 19947. Call 302-853-1717 to schedule an appointment or get more information. That office is open Monday through Friday, 8:30 AM to 4:30 PM, with the last license of the day starting no later than 4:00 PM.

The Delaware Courts FAQ page makes it clear: the Recorder of Deeds in each county does not issue marriage licenses. Marriage licenses come only from the Clerk of the Peace.

The Delaware Office of Vital Statistics maintains marriage certificates from 1969 to present and handles certified copy requests after a marriage is recorded.

Delaware Marriage License Requirements

Both applicants must appear together in person at the Clerk of the Peace office. You cannot apply on separate days or send someone else in your place. Each person needs a valid government-issued photo ID that includes a date of birth. Acceptable forms of ID include a state driver's license or DMV-issued ID, a passport, a consulate ID card, or a military ID for active duty personnel. Proof of your current address is also required. The office may ask for extra documents like a birth certificate or social security card to verify your identity.

The license fee is $70 if at least one applicant is a Delaware resident (proof of address required). If neither applicant is a Delaware resident, the fee rises to $120. Both fees include a $20 recording fee. New Castle County's fees reflect this same structure but confirm fees directly at (302) 395-7780, as individual county fees can vary slightly. Kent County is cash only. Both parties will be asked to provide their parents' birth names (maiden names), place of current residency, and place of birth (state or country only).

If either party was previously married, you must bring an original or certified copy of the final divorce decree, legal annulment, or death certificate. No photocopies accepted. If either applicant is on probation or parole, an original letter of permission from the Probation Officer must be presented before a license will be issued. A third-party translator is required if one of the parties does not speak English; the translator must be at least 18 years old and show valid ID.

Delaware became the first state to ban child marriage. You must be at least 18 years old. There are no exceptions, no parental consent workarounds, and no judge can authorize a marriage for anyone under 18. Delaware also does not recognize proxy marriages, cousin marriages, or common-law marriages.

The Zola guide on Delaware marriage laws gives a solid overview of the application process, including fee breakdowns and what documents you need to bring.

Waiting Period and License Validity

Under Delaware Code Title 13, Chapter 1, Section 107, you must obtain the license at least 24 hours before the ceremony. The 24-hour clock starts from the time of application, not from midnight. So if you apply at 2:00 PM on a Friday, you cannot legally use the license until 2:00 PM on Saturday. This waiting period applies to both residents and non-residents.

The license is valid for 30 days from the date it is issued. If the ceremony does not happen within those 30 days, the license is void. You would need to apply again and pay the fee again. No refunds are given for unused licenses, and they cannot be reinstated or postdated. Since the 24-hour waiting period cuts into that window, you effectively have 29 days to get married after the license is ready.

The ceremony must take place within the State of Delaware for the license to be legally valid. You cannot use a Delaware marriage license for a ceremony held in another state.

The full text of Delaware Code Title 13, Chapter 1 covers all aspects of marriage licensing in the First State, including issuing authority, form requirements, and license validity rules.

Who Can Perform a Wedding in Delaware

Delaware Code Section 106 lists who may legally perform a marriage ceremony. This includes any clergyperson or minister of any religion, as long as they are registered with the Clerk of the Peace in the county where the ceremony takes place. Non-resident clergy must register in the county where they plan to perform the ceremony. Judges from the Delaware Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, and Justice of the Peace Court may also officiate. Current and former federal judges with jurisdiction over Delaware are also authorized. So are current and former Clerks of the Peace.

The Clerk of the Peace in each county can perform wedding ceremonies for a fee. Kent County charges $50 for residents and $100 for non-residents for a ceremony during regular Monday through Friday hours. Sussex County charges $50 for residents and $100 for non-residents for ceremonies on The Circle or in the office during normal hours. Out-of-office ceremonies in Sussex County cost $100 for residents and $200 for non-residents. Within any incorporated municipality, the mayor of that city may also solemnize marriages within the city limits.

All marriages must be solemnized in the presence of the person who will officiate. Immediately after the ceremony, the officiant must give the couple File Copy #2 of the marriage license, which serves as their proof of marriage. Within 4 days of the ceremony, the officiant must return the completed license to the Clerk of the Peace. Within 5 days, the officiant must also send copies to the Office of Vital Statistics. The officiant keeps one copy for their own records for at least one year.

Delaware Code Section 115 spells out what must appear on the marriage license form, including the earliest and latest times the marriage may be performed and the certification section to be completed by the officiant.

About the Delaware Marriage License Form

The Department of Health and Social Services prescribes the official marriage license form used by all three Clerks of the Peace. The form is a five-page document with carbon sheets between pages, creating six separate file copies. The Clerk fills out part of the form when you apply. The officiant completes the rest at the ceremony. The license itself shows the full names of both parties, the county and date of issue, the time window during which the marriage may legally take place, and the signature of the Clerk of the Peace with the county seal.

The application process also collects information about prior marriages, education level, race, Social Security numbers, dates of birth, parents' names and birthplaces, and current residence. This information goes into the state's Electronic Vital Record System (EVRS), which is managed by the Office of Vital Statistics in Dover. All three counties feed data into this central system.

Justia's Delaware Code archive for Title 13, Chapter 1 provides historical and current text of Delaware's marriage statutes, including the rules on license issuance, waiting periods, and legal impediments.

How to Get a Certified Copy of a Marriage Certificate

After the ceremony, the recorded marriage certificate becomes a permanent record. Delaware has two main places to get a certified copy, depending on when the marriage took place. For marriages from 1969 to the present, contact the Office of Vital Statistics in the Division of Public Health. Their central office is at 417 Federal Street, Dover, DE 19901. Phone: (302) 744-4549. They have branch offices in Newark (258 Chapman Road, (302) 283-7130) and Georgetown (546 S. Bedford St., (302) 515-3190). All locations are open Monday through Friday, 8:00 AM to 4:00 PM.

A certified copy of a marriage certificate from the Office of Vital Statistics costs $25 per copy, as noted by the CDC's vital records guide for Delaware. A photo ID is required for all transactions. If requesting by mail, include a photocopy of your ID. Pay by personal check or money order made out to "Office of Vital Statistics."

For marriages older than 50 years, the Delaware Public Archives holds those records. Delaware law requires that marriage records older than 40 years be transferred to the Archives. Once there, they are open for public review. Contact the Archives at (302) 744-5000 or use their online Contact Form, selecting "Marriage Certificates" as the category.

You can also order online through VitalChek or GoCertificates. VitalChek has partnerships with Delaware's vital record agencies and can process requests quickly. Their phone is 1-877-888-0248. An additional fee applies for using the online service. All major credit cards are accepted. The VitalChek office for Delaware is at University Plaza Suite 104, 258 Chapman Road, Newark, DE 19702.

The CDC's "Where to Write for Vital Records" page for Delaware lists the Office of Vital Statistics address, current fees, and what you need to include when requesting a marriage certificate.

VitalChek's Delaware portal lets you order marriage certificates online. They have processed over 4 million vital documents per year and comply with PCI security standards for personal information protection.

Are Delaware Marriage Records Public?

Delaware does not treat marriage records as public until they are 40 years old. Before that threshold, records are only available to the parties listed on the document, their immediate family members, or authorized legal representatives. This applies across all three counties. You cannot walk into the Clerk of the Peace and request a copy of someone else's recent marriage record unless you are listed on it.

New Castle County makes this especially clear: the Clerk of the Peace will only fulfill record requests from one of the parties named on the document. The cost is $25 per copy. You can request in person at 800 North French Street, 2nd Floor, Wilmington, DE 19801 during weekdays from 8:00 AM to 4:00 PM. For mail requests, include the full names of both parties, the date of the wedding, your phone number, and whether you are requesting a marriage or civil union license. Send a money order or certified check payable to "Clerk of the Peace" along with a self-addressed stamped envelope.

Sussex County's Clerk only issues records from March 2002 forward. For Sussex marriages between 1971 and March 2002, contact the Office of Vital Statistics. For older records in Sussex County, contact the Delaware Public Archives at (302) 744-5000.

The Delaware Public Archives holds marriage records older than 50 years. These records are open to the public and available to genealogists and researchers searching family history.

Delaware.gov Marriage Certificate Guide

The official Delaware.gov certificates guide breaks down where to get marriage records based on the date of marriage. For records from 1976 to the present, go to the Office of Vital Statistics at (302) 744-4549. For records from 1975 and earlier, contact the Delaware Public Archives at (302) 744-5000. You can also order an Apostille from the Delaware Secretary of State, Division of Corporations, for international document authentication when a certified marriage certificate must be used abroad.

The Delaware.gov certificates guide is an official state resource that directs residents to the right office based on the date of their marriage, helping avoid requests sent to the wrong agency.

The Delaware State Courts licensing page confirms that licenses are issued by the Clerk of the Peace in each county and provides phone numbers for New Castle and Kent County offices.

The Delaware Courts FAQ page answers common questions about marriage license applications and directs residents to the Clerk of the Peace in their county.

Browse Delaware Marriage License by County

Delaware has three counties. Each county handles marriage licenses through its own Clerk of the Peace office. Choose a county below to find local contact information, fees, and procedures.

View All Delaware Counties

Marriage License in Delaware Cities

If you live in one of Delaware's cities, your marriage license comes from the Clerk of the Peace in the county that covers your area. Pick a city below to find out which office serves you and what to bring.

View Major Delaware Cities