State Delaware Getting Married Inback to States

Who:

Delaware recognizes both straight and same-sex unions.

Current Legislation:

As of July 1, 2013, both straight and same-sex marriages are recognized in the state.

FAQs:

Do I have to reside in Delaware to get married there?

You do not have to be a resident of Delaware to get married there.

How can I apply for a marriage license?

Both individuals must apply for the license in person with the county clerk at their county office.

What are the fees?

The cost for a marriage license is $50 for residents and active duty military, $100 for non-residents.

Is there a waiting period?

There is a waiting period of 24 hours and the license will expire 30 days after it is issued.

What documentation do I need?

Each party must provide a government-issued ID when applying for a marriage license, such as a driver’s license or passport. Those who are remarrying need to show the original or a certified copy of the divorce or annulment decree, or death certificate. If there was a name change due to a previous marriage, an original or certified copy of the name change court documents must be presented.

Is a blood test required?

No.

Who can marry us and are witnesses required?

Two witnesses are required and any ordained minister and clerks of the peace can perform the ceremony. The officiant must return the signed marriage license to the city or town clerk within four days; after 15 days, the officiant is charged with a $50 late fee.

How can I change my name?

Obtain several certified copies from the county clerk’s office where your license was filed, as you will need these throughout the name changing process. Fill out an application for a new Social Security card (which can be found here) and go to your local Social Security Administration office (be sure to get there before it opens) with a certified copy of your marriage license, photo proof of identity such as a driver’s license and original proof of citizenship, such as a passport or birth certificate. Be sure to take certified copies of your marriage license and new Social Security card when you change it with the DMV, your employer, your bank, etc.

Will my same-sex marriage be legal in other states?

Unfortunately, same-sex marriages are only recognized in the 35 states that they can legally be performed in— Alaska, Ariz., Calif., Colo., Conn., Del., Hawaii, Idaho, Ill., Ind., Iowa, Kan., Maine, Mass., Md., Minn., Mont., Nev., N.H., N.J., N.M., N.Y., N.C., Okla., Ore., Penn., R.I., S.C., Utah, Va., Vt., Wash., W.Va., Wis., Wyo., as well as Washington, D.C.

**Disclaimer: Requirements and protocols are subject change. Please regard the above information as a guide only, not professional legal advice. It is important to confirm the information with your specific county and state of residence before the wedding.