About Marriage Law in Delaware, United States
Marriage law in Delaware provides the legal framework for the creation, recognition, and dissolution of marriage within the state. Delaware recognizes both opposite-sex and same-sex marriages, and the requirements to marry are governed by state statutes. These laws determine who can marry, how marriages can be solemnized, where licenses are issued, and how marriages can be legally ended through annulment or divorce. Understanding the requirements and rights associated with marriage in Delaware is important for anyone planning to marry, already married, or interested in terminating a marriage.
Why You May Need a Lawyer
Many people successfully navigate marriage laws without legal assistance, but there are situations where consulting a lawyer is highly recommended. Legal support may be necessary for:
- Drafting or reviewing prenuptial or postnuptial agreements to protect assets and clarify expectations.
- Obtaining an annulment or divorce, especially if it involves disputes over property, child custody, or spousal support.
- Resolving questions of marital eligibility such as previous marriages, age requirements, or familial relationships.
- Advising on recognition of marriages performed outside Delaware or outside the United States.
- Addressing legal issues related to domestic violence, restraining orders, or separation.
- Understanding the impact of marriage on immigration status or benefits.
- Guidance for LGBTQ+ couples regarding unique concerns or discrimination issues.
Legal advice ensures your rights are protected, obligations are clear, and complex situations are resolved efficiently.
Local Laws Overview
Several key aspects of Delaware law govern marriage:
- Eligibility: You must be at least 18 years old. Minors aged 16 or 17 may marry with approval from a Family Court Judge. Close relatives may not marry.
- Marriage License: Couples must apply for a marriage license with the Clerk of the Peace in any Delaware county. There is a mandatory 24-hour waiting period after application before the license is valid.
- Residency: Delaware does not require residency to marry in the state, making it accessible for out-of-state couples.
- Solemnization: Marriages may be solemnized by judges, clergy, or other authorized officiants. Two witnesses over the age of 18 must be present.
- Recognition: Delaware recognizes marriages legally contracted in other jurisdictions, including same-sex marriages.
- Annulment and Divorce: The state provides specific grounds and processes for annulment and divorce, focusing on equitable distribution of property and the best interests of children for custody matters.
- Prohibited Marriages: Bigamy and marriages between close relatives are not allowed.
These laws are subject to change, so it is important to consult the most current statutes or seek legal advice if you have questions.
Frequently Asked Questions
What are the legal age requirements for marriage in Delaware?
You must be at least 18 years old to marry without restrictions. Individuals aged 16 or 17 may petition the Family Court for approval to marry. Those under 16 cannot be legally married in Delaware.
Do I need to be a Delaware resident to get married in Delaware?
No, Delaware does not have residency requirements for marriage. Anyone can apply for a marriage license in any county within the state.
How do I apply for a marriage license in Delaware?
Both parties must appear in person at a Clerk of the Peace office, present valid identification, and complete an application. There is a 24-hour waiting period, and the license is valid for 30 days.
Can same-sex couples marry in Delaware?
Yes, Delaware recognizes and issues marriage licenses to same-sex couples, affording them the same legal rights and responsibilities as opposite-sex couples.
Is a blood test required to get married in Delaware?
No, Delaware does not require a blood test for marriage.
Can I have a friend or relative officiate my wedding?
A friend or relative may officiate a wedding if they are authorized by a religious organization or have been appointed as a temporary officiant by the state. Otherwise, only specific officials such as clergy, judges, and justices of the peace may solemnize marriages.
What happens if I lose my marriage license or certificate?
You can request a replacement from the Clerk of the Peace in the county where your marriage license was issued. There may be a small fee for this service.
What are the grounds for annulment or divorce in Delaware?
Grounds for annulment may include fraud, duress, or incapacity. Grounds for divorce include incompatibility, misconduct, or separation. Delaware is a no-fault divorce state, so spouses can divorce based on irreconcilable differences.
How is property divided in divorce in Delaware?
Delaware follows equitable distribution, which means property acquired during the marriage is divided fairly, though not always evenly, based on several factors.
Where can I get more information or legal help about marriage in Delaware?
Government offices, legal aid organizations, and private attorneys can provide information and assistance. See the additional resources section below.
Additional Resources
If you need more information or assistance regarding marriage in Delaware, consider the following resources:
- Clerk of the Peace Offices - Issue marriage licenses and maintain marriage records at the county level.
- Delaware Family Court - Handles annulments, divorces, and marriage-related legal proceedings.
- Delaware Department of Health and Social Services - Provides information on marriage certificates and vital records.
- Delaware State Bar Association - Offers lawyer referral services.
- Legal Aid Societies - Provide assistance to low-income individuals with family law matters.
- LGBTQ+ Advocacy Groups - Offer tailored support for same-sex couples and related marriage issues.
You can visit their offices, call, or check their official websites for up-to-date contact details and services.
Next Steps
If you require legal help regarding marriage in Delaware, here are some recommended steps:
- Determine specific questions or challenges you are facing regarding marriage, divorce, or related legal matters.
- Collect all relevant documents, such as identification, previous marriage records, and prenuptial agreements.
- Contact the Clerk of the Peace in your county for marriage license questions or records.
- If legal representation is needed, reach out to the Delaware State Bar Association for referrals or contact a family law attorney specializing in marriage issues.
- Utilize legal aid organizations if you need low-cost or free legal assistance.
- Stay informed by reviewing Delaware marriage statutes or consulting governmental resources.
Acting early and with the right information can help protect your rights and ensure a smooth marriage process in Delaware.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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