Are you planning on getting married in Delaware? If so, you will need to obtain a marriage license before you can legally get married in the state. While applying for a marriage license isn't complicated, there are some important marriage license requirements that you should be aware of. This article provides a brief overview of Delaware's main marriage license and blood test requirements.
Code Section
|
Delaware Code section 122: Marriage Licenses Application |
Information Required
|
The marriage license application must include the following information for both applicants:
- Date of application
- Full name
- Sex
- Race
- Social security number
- Birth date
- Occupation
- Names and addresses the applicant's parents
- Date and place of previous marriages, civil unions, domestic partnerships, or other substantially similar unions, and termination of these previous unions
- Place and court where applicants are on probation or parole, and
- Time of application
|
Certification
|
The applicants must certify that:
- They aren't related by a prohibited degree of relationship (prohibited relations include your ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew, or first cousin)
- Neither applicant is under the influence of liquor of a narcotic drug
- That the papers submitted are properly executed, and
- There are no known legal impediments to the proposed marriage
|
Marriage of Minors
Individuals who are less than 18 years old won't be issued a marriage license in Delaware unless the minor's parent, legal guardian, or next friend petitions a Family Court Judge to sign an order allowing the applicants to get married. The judge will decide whether or not to issue the order based on:
- The best interests of the minor
- The wishes of the minor
- The wishes of the minor's parents or legal guardians
- The mental and physical health of the applicants
- The criminal history of the applicants
- Whether the marriage would violate any Delaware laws, and
- Any other information that the court deems appropriate
Marriage License Fee
Delaware requires a $10 fee per marriage license.
Waiting Period
The couple must obtain a marriage license at least 24 hours before their marriage ceremony. This waiting period may be shortened if the couple can show good cause to the Clerk of the Peace.
Will My Marriage License Expire?
Marriage licenses issued in Delaware are valid for 30 days from the date that the license is issued. If the couple doesn't get married within 30 days then their marriage license expires and the parties must reapply for another license before they can legally get married in Delaware. This time period may be extended if the couple can show good cause to the Clerk of the Peace, however, the time period may not exceed 180 days.
Blood Test
Couples who want to get married in Delaware aren't required to take a blood test.
Additional Resources
State laws change frequently. For case specific information regarding Delaware's marriage license and blood test requirements contact a local family law lawyer.