How to Get Legally Married in Delaware

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Same-sex couples are currently able to have legally recognized marriages in Delaware.

farnell-clark-simpli-photo-14Sarah and Elissa. Photo by Angie Mertz of Simpli Photography

 

When does marriage equality go into effect in Delaware?
Same-sex couples are currently able to have legally recognized marriage ceremonies.

Do I have to live in Delaware to get married there?
No. Any couple can get married as long as other qualifications are met.

Where can I apply for a marriage license?
At a Delaware County Clerk’s Office.

Is a blood test required?
No.

Is there a waiting period to get the marriage license?
1-4 days, depending on residency.

How soon after applying for a license can I get legally married?
At least 24 hours after obtaining the marriage license.

Are there witnesses required in order to get legally married?
2 witnesses are required.

How much is the marriage license application fee?
$50 if either applicant is a Delaware resident; $100 if both applicants are non-residents.

How long is the marriage license valid for?
30 days.

Can I apply online for a marriage license?
No.

Do we both have to be there to apply for our marriage license?
Yes.

What paperwork is required when I apply for my marriage license?
You need to bring a photo ID (passport, driver’s license, or birth certificate).

Who can officiate the marriage ceremony?
Clergy members and ministers, current and retired judges, federal magistrates and clerks of the peace can perform marriages.

If I don’t live in Delaware, will my marriage be recognized by my home state?
The marriage will be respected in California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Hampshire, New Mexico, Hawaii, New York, Rhode Island, Vermont, Washington State and Washington, D.C. In Nevada, the marriage will be seen as a domestic partnership.

Is my Delaware gay marriage recognized by the U.S. federal government?
Yes, it is!

Is a divorce decree required?
Yes. You’ll need to provide the city, state, country of each previous marriage and the ending status, such as, by divorce or death. Home and work telephone numbers for both you and your ex(s) are also requested.

If I get legally married in Delaware, will I still need special legal paperwork to protect my family?
Yes, if you plan to travel with your partner beyond the state of Delaware, it will be necessary for you to hire an attorney to draw up paperwork to protect your family in case something happens in a state where your marriage is not recognized. Read our expert advice on how to legally protect your relationship and children.

How do I change my name?
You’ll need to use an online name change form if you’d like to change your last name. This can be found here.

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