Summary
- Fee: Confirm with issuing office
- Deadline: License must be obtained at least 24 hours before the ceremony and is valid for 30 days from issuance.
- Where to file: Clerk of the Peace / Marriage Bureau (county)
What this fee covers
A Delaware marriage license is the legal authorization to marry in the state.
The fee covers the Clerk of the Peace or Marriage Bureau issuing the license and recording it after the ceremony. Delaware law requires a license before a ceremony can be lawfully performed, so the fee is part of the required process.
This page explains the fee structure, who pays the resident versus nonresident rate, and the county steps that can affect the total cost and timing.
Who issues marriage licenses in Delaware
Delaware Code states that the Clerks of the Peace in each county, also known as the Marriage Bureau, issue marriage licenses and affix the county seal.
Applications are handled at the county level, not by a statewide office. Contact the county Clerk of the Peace where you plan to apply to confirm procedures, appointment policies, and payment options.
County offices may have different scheduling rules, so check local guidance before you visit.
Delaware marriage license fee structure
County fee schedules show a resident and nonresident rate plus a recording fee.
New Castle County lists a $50 license fee when either applicant is a Delaware resident and a $100 license fee when neither applicant is a resident. Sussex County lists the same license fees and adds a $20 recording fee to all marriage licenses.
The recording fee is charged regardless of residency, so most applicants should plan for the license fee plus the $20 recording fee.
Recording fee and payment timing
Sussex County explains that fees are due when licenses are issued and that the recording fee applies to all marriage licenses.
It also notes that service fees apply to credit card transactions. Because payment methods and service fees can vary by county, ask the Clerk of the Peace office what forms of payment are accepted and whether a card convenience fee applies.
Paying the correct amount at issuance helps avoid return visits and delays.
Resident versus nonresident fees
The resident fee applies when at least one applicant is a Delaware resident.
New Castle County notes that proof of address is required for the resident rate, and Sussex County notes that a Delaware ID is required if you request the resident fee. If neither applicant is a Delaware resident, the nonresident license fee applies.
Bring documentation that supports your residency claim so the office can apply the correct fee.
Appointments and county procedures
Some counties require appointments for marriage license applications.
New Castle County says couples must schedule an appointment and that walk-ins are not accepted, while Sussex County also notes appointment-only service. These appointment policies can affect the total cost if you need to adjust travel or take additional time off work.
Contact the county office early so you can select an appointment that fits the 24-hour waiting period and the 30-day validity window.
Identification and application basics
Sussex County requires each applicant to show a valid photo ID such as a driver's license, state ID card, passport, or military ID.
It also states that both applicants must appear together, be at least 18 years of age, and not be under the influence of drugs or alcohol. Delaware law also requires the applicants to appear before the issuing officer and complete the application under oath.
Plan to bring current identification and be prepared to answer questions on the application.
Prior marriages and name changes
Sussex County notes that Delaware law requires certified divorce decrees or annulment orders for applicants with prior marriages, and certified death certificates if a prior marriage ended by death.
It also requires certified name change documents when an applicant has legally changed their name.
Bring the original certified documents rather than photocopies to avoid delays and to ensure the license is issued on the correct legal name.
No blood test requirement
Sussex County states that no blood test is required to obtain a Delaware marriage license.
This means the application focuses on identification, eligibility, and required documents rather than medical testing.
Even without a blood test requirement, the appointment and documentation steps can still take time, so plan ahead.
Information required on the application
Delaware law specifies the information the marriage license application must include, such as the date of application, full legal names, Social Security numbers, birth dates, occupations, and the names and addresses of each applicant's parents.
The application also asks for the dates and places of previous marriages and how those marriages ended. Collecting this information in advance speeds up the appointment and reduces mistakes on the license.
If you are unsure about a prior marriage date or a parent's birthplace, verify it before your appointment so the clerk can complete the application in one visit.
Residency verification and guarantors
Delaware law provides a residency verification step when applicants claim to be state residents but are not personally known to the issuing officer.
In that situation, at least one applicant must be identified as a Delaware resident by a reputable guarantor under oath. Most applicants satisfy residency requirements by bringing a Delaware ID or other proof of address, but this rule is a reminder that residency must be established for the resident fee.
If you recently moved or have limited documentation, ask the county office what proof is acceptable.
Age and relationship rules
Sussex County notes that applicants must be at least 18 years of age, may not be related to each other, and must not be under the influence of drugs or alcohol at the time of application.
Delaware law also bars issuing a marriage license to anyone under 18. These eligibility rules can affect timing if you need additional documents or approvals.
If you have questions about eligibility, contact the Clerk of the Peace before scheduling an appointment so you do not risk an unnecessary fee.
Interpreter and accessibility planning
Sussex County states that applicants who require an interpreter must provide their own interpreter, and the interpreter must be at least 18 years old.
It also notes that a Spanish-speaking interpreter is available in the office. Interpreter requirements can affect scheduling, especially if you need to bring a third person to the appointment.
If you need interpretation or accessibility assistance, ask the county office about available services and any requirements before your appointment.
Online application and pickup
Sussex County offers an online application option, but it emphasizes that the time of application is when you complete the process in the office and that both applicants must appear to pick up the license.
Starting online can help collect information in advance, but it does not remove the in-person requirement or the waiting period.
Check with your county office to see whether a pre-application is available and whether it changes appointment scheduling.
After the ceremony and record filing
Delaware law requires the person performing the marriage to return the completed certificate to the issuing Clerk of the Peace within four days after the ceremony.
If the certificate is not returned within 15 days, a late fee can be assessed against the officiant. While this is not a direct fee for applicants, timely return of the certificate affects how quickly the marriage is recorded and when certified copies are available.
If you need a certified copy for name changes or benefits, confirm with your officiant that the paperwork will be returned promptly.
Timing rules that affect the fee
Delaware Code requires applicants to obtain the license at least 24 hours before the ceremony and limits the license to 30 days from issuance.
If the ceremony is not performed within 30 days, the license is void and the parties must reapply for another license. The statute states that no refund or rebate is given for an unused license.
This timing rule can affect your total cost if you have to reapply.
Where the license can be used
Sussex County explains that a marriage license issued by its bureau can be used anywhere in the State of Delaware and that it is only valid in Delaware.
If you plan to marry in another state, you must obtain a license from that state.
This matters for destination weddings and for couples who apply in one county but plan to marry in another Delaware county.
Officiants and witnesses
Delaware law lists who may solemnize marriages and requires at least two witnesses who are 18 or older to sign the certificate.
Judges, certain public officials, and registered clergy can officiate. If you request it, the Clerk of the Peace is required to perform a solemnization.
Because officiant availability affects scheduling, confirm that your officiant is authorized and available within the 30-day window.
Appointment timing and preparation
Sussex County advises applicants to contact the office within the 60-day window of the wedding to schedule an appointment and notes that staff will schedule within the 30-day window of the ceremony.
It also recommends allowing at least 20 minutes for the application process. These practical timing rules do not change the statutory waiting period, but they affect when you can apply and how quickly the license is issued.
If your ceremony is on a tight schedule, build in time for the appointment and application process.
Certified copies and other costs
After the ceremony is recorded, many couples need certified copies for name changes, benefits, or legal records.
Sussex County's fee schedule lists a $25 certified copy fee for a marriage or civil union license. Certified copies are separate from the marriage license fee and recording fee, so they are an additional cost to plan for.
Ask the issuing clerk how to request certified copies and how long processing typically takes.
Planning checklist for applicants
Use this checklist to align with Delaware marriage license fees and timing rules:
- Choose the Delaware county office where you will apply and confirm appointment rules.
- Verify the resident or nonresident license fee and the $20 recording fee.
- Gather valid photo IDs and any certified documents for name changes or prior marriages.
- Schedule the appointment so the 24-hour waiting period and 30-day validity window cover your ceremony date.
- Confirm your officiant and two witnesses.
- Ask the county office about payment methods and any card service fees.
Common reasons applications get delayed
Delays often occur when applicants arrive without required certified documents, lack proof of Delaware residency for the resident fee, or cannot appear together.
Appointment-only policies can also delay applications if you wait too long to schedule.
Another common issue is applying too early or too late for the 30-day validity window, which can require a new application and another fee.
Official sources and disclaimer
This page is provided for informational purposes only and is not legal advice. Always verify details with the county Clerk of the Peace where you will apply.