Delaware Marriage Records
For two people to get married in Delaware, they must be over 18. While other states are willing to provide an exception for individuals aged 16 and 17, Delaware has strict regulations concerning minimum age. Persons intending to get married must also not be married to anyone else. If any were previously married, they would have to present a certified copy of the divorce decree for each previous marriage during the application.
The state does have flexibility concerning residency, as couples from other states and even countries can marry in Delaware. That is provided the marriage license is procured within one of the counties. Intending couples may apply for a marriage license from the Clerk of the Peace in their county, satisfy identification requirements, and submit it following the marriage ceremony. When applying for a marriage license, applicants must not be under the influence of alcohol or impairing substances.
According to the Delaware Vital Statistics annual report, the median age of marriages in Delaware was nine years in 2021. The longest duration of marriage was 52 years. Marriage records are considered private, so they can only be accessed by particular parties. State law mandates they are widely accessible 50 years after the marriage ceremony. Delaware marriage records may be found in the county records where the event occurred. They are also found at the Office of Vital Statistics or the Delaware Public Archives at the state level.
What are Marriage Records?
Marriage records in Delaware are documentation that proves a couple is joined in matrimony. Delaware counties kept marriage records as early as 1832, though most older copies were transferred to the Delaware Public Archives. Though marriage records are generated at the county level in Delaware, they are mainly stored at the Office of Vital Statistics and the Archives. Marriage records contain the details of the parties, including the names of the spouses, officiants, and witnesses.
It will also include the signatures of these individuals, as well as the location and date of the wedding ceremony. Delaware marriage records may also detail the spouses' names and places of birth. They contain the names and birth dates of their parents, as well. The marriage records within Delaware can serve both individual and institutional purposes. From a legal standpoint, marriage records are required for applications for insurance or spousal benefits. They may also be accepted as proof during property cases or will contests.
Spouses require certified marriage records when applying to change their names legally. Research organizations may also use these records to perform genealogical research on families. The studies can provide information on population trends and be used by local or federal governments to institute relevant social policies.
Per Delaware Administrative Code 4205 on vital statistics, the state registrar or other custodians of vital statistics are not allowed to grant access to these records. They are also not allowed to disclose any of the information contained within the records unless they are satisfied the applicant is authorized to get a copy of the said record. Being part of the vital records, marriages are considered private so they may only be accessed by the spouses, close relations, and legal representatives.
Marriages in Delaware
According to the CDC, Delaware has one of the lowest marriage rates in the country, with 5.1 per 1,000 residents. This is a reduction from 8.4 in 1990 and 6.0 in 2014. Delaware’s rate is also lower than the national average of 6.2 per 1,000. Part of the reason for the reduced rate may be less social pressure among the marriageable demographics. The COVID-19 pandemic also created significant uncertainty, which may have delayed the transition to marriage.
In Delaware, 45.21% of the state population are currently married. Of the remaining residents, 30.91% were never married, 11.28% were separated or divorced, and 2.93% were widowed. The following data indicates marriage according to ethnicity.
- White (non-Hispanic) - 51.55%
- Asian (including Hispanic) - 66.22%
- Mixed (including Hispanic) - 31.82%
- White Hispanic - 46.55%
- Black (including Hispanic) - 32.66%
- Others (including Hispanic) - 43.7%
In 2021, there were 4889 marriages and 2,564 divorces within the state. More than 50% of the divorces in that year were from unions of less than ten years. Delaware's youngest divorce age was 19 for females and 20 for men. Between 2008 and 2021, the rate of marriages decreased from 5.4 to 4.9 per 1000. It is also the same for divorces, as the rate declined by 22.9% during the same period.
Marriage by proxy is prohibited in the state of Delaware. Both parties must appear together when requesting a marriage license at the Clerk of the Peace. A third-party translator is also required if one of the parties does not speak English. The waiting period is 24 hours following the license application before the ceremony can be conducted, regardless of the party’s residency.
Considering the strict adherence to minimum age, additional documentation may be needed to confirm the parties' ages. Birth certificates or Social Security cards would suffice for ID verification. If one or both individuals are on parole or probation, an original letter from the officer in charge of their cases is required. As mentioned, both parties should be single during their marriage license application. If either had been married before, they must bring original or certified divorce decrees.
A certified death certificate would also be okay if their previous spouses passed away. The licensing fee for a marriage ceremony in Delaware is $70, while nonresidents have to pay $120 for the same permit. Once the license has been received, it is valid for 30 days. The license becomes void if the ceremony is not conducted at that time. On completion of the ceremony, there is a 4-day window to file the permit with the Clerk of the Peace. The county will provide a registration number if the marriage license is accepted. Additional copies will be issued to the relevant institutions. On registration, the couple can then apply for a copy of the marriage certificate.
Delaware Marriage Certificate
Marriage certificates are documents issued to parties after the wedding ceremony. They function as proof that the couple is legally married under Delaware law. Marriage certificates may be used to apply for spousal benefits or during employee onboarding for insurance verification purposes. They may also be required when applying for official name changes or to prove the legitimacy of a child.
Delaware does not have open marriage certificates unless they are over 50 years old. These are only open to the parties of the record and their legal representatives. Third parties may gain access to the record if authorized by the courts. Marriage Certificates are maintained by the county offices, Delaware Public Archives, or the Office of Vital Statistics. Delaware marriage records can be accessed in electronic or paper format as per the preferences of the interested party.
How To Find and Access Delaware Marriage Records
Requesters may access Delaware marriage records online, via mail, or in person.
Finding and Accessing Delaware Marriage Records in Person
Parties can apply for marriage records from the Clerk of the Peace at the county level or the relevant county courthouse. Requesters would have to visit offices on weekdays during work hours. A translator would be required if one of the parties does not speak English. They must bring a form of identification to prove the relationship, such as a driver's license, passport, or active military ID. Proof of address is needed on the identification.
Applicants will also be asked to give their parents names and locations. Parties may also get marriage records from the Office of Vital Statistics in the state. All locations are open for customer care on weekdays. Marriage records are priced at a fee of $70 per request.
Finding and Accessing Delaware Marriage Records via Mail
Interested parties may also access marriage records through the mail. They can contact the Clerk of the piece on the phone or through email defending the specific county. Requests would be mailed to the office along with relevant details concerning the identity of the parties on the record, such as their names, addresses, and the date of the ceremony. They will also attach their identification, address, and proof of relationship to the parties on the record.
Alternatively, parties can request a record from the Office of Vital Statistics via mail. Requesters must complete the relevant form and mail it to the Office of Vital Statistics. The fee for marriage records requests is $70 for each request, and they should take a few weeks to process.
Finding and Accessing Delaware Marriage Records via Online
Requesters may access marriage records online at the county or state level. Depending on the county, one can navigate to the county clerk’s or the Clerk of the Peace’s website. A request for certified copies can be issued on the county platform. They will provide the party's details and the shipping address. Identification documents will also be attached to the request form for verification purposes, and payment can be issued via credit card. Similarly, one can access marriage records via the Office of Vital Statistics. The platform will redirect to VitalChek, which will process the request.