Guide to Delaware Marriage Records

Delaware marriage records are the documents that establish a legal union between two individuals. The official files include information such as full names, ages, the date and place of marriage, and the names of parents and witnesses.

There are three types of paperwork associated with a marriage. These include the marriage license (the permit to marry), the marriage certificate (the paper signed during the ceremony), and the marriage record (the overall record kept by the state).

There are various reasons why people seek and obtain marriage records. A certified copy of a marriage record may be used for a legal or administrative matter, such as changing a name or proving a marital relationship. Older marriage records may also be used for genealogy, as they typically include information about parents, residences, occupations, and other family details. Delaware marriage records can also become relevant during probate, divorce, inheritance, insurance, or estate proceedings.

Types of Marriage Records in Delaware

Examples of Delaware marriage records include the following:

Marriage Certificates

A marriage certificate is a legal document showing that two people are married. It contains the couple's names, the officiant, the date, and the place where the wedding took place.

The document is required for many official matters, like changing your name with the Social Security Administration, getting a passport, or enrolling your partner in health insurance.

In Delaware, these certified copies are issued by the Delaware Office of Vital Statistics.

Marriage Licenses

A marriage license is a document you obtain prior to your marriage; it is essentially the permission granted to you by the state to hold the wedding. It is not the same as a certificate, as a license does not prove that you are married.

To obtain the license, you need to apply at a local county clerk of the peace office. A Delaware marriage license remains valid for 30 days after the date of issuance.

Are Marriage Records Public in Delaware?

Delaware marriage records are not immediately accessible to the public. Per 16 Del. C. § 3110, marriage files and records maintained by the Office of Vital Statistics are considered confidential and not open unless disclosure is authorized by law, regulation, or court order. Hence, certified copies of such records are accessible only to the person named in the record, their spouse, children, parents, guardian, or authorized representative.

However, once a marriage record reaches 50 years old, it becomes public and is moved to the Delaware Public Archives.

What Information Is Included in a Marriage Record?

A Delaware marriage record typically includes the following details:

• Full names (including maiden names)
• Dates of birth and current ages
• Places of birth and current residential addresses
• Occupations
• Parents' names, birthplaces, and occupations
• Date and location of the wedding ceremony
• The officiant's name and signature
• Signatures of the witnesses

Certain information collected during the marriage record creation process is restricted from public access to prevent identity theft. Such details include Social Security numbers and specific medical or statistical data collected during the marriage license application process.

How to Find Marriage Records in Delaware

Step 1: Identify the Marriage Details

Before starting the search, collate critical details about the marriage. Examples include the full names of both spouses (especially the bride's maiden name), the approximate year of the marriage, and the county where the ceremony was held.

Step 2: Find the Record Custodian

Next, identify the appropriate custodian of the record you need. If the marriage happened within the last 50 years, contact the State Office of Vital Statistics. However, if the marriage took place over 50 years ago, the custodian is the Delaware Public Archives in Dover.

Step 3: Choose How to Search

You can find a marriage record online via VitalChek, the state's approved third-party vendor. Requests can also be made by mail or processed in person at approved state service centers. Historical indexes also offer online services to access older marriage records.

Step 4: Submit a Record Request

Complete the official application using the collected or known details about the marriage. You will need to provide a valid government-issued ID and pay the required search fee. Note that uncertified copies are reserved for basic research, while only certified copies may be used for legal or administrative purposes.

How to Get a Certified Marriage Certificate in Delaware

To be eligible to obtain a certified certificate of marriage that is within its first 50 years, you must be a spouse named on the record, the person's spouse, children, parents, or guardian, or an authorized representative.

To request a certified copy of a Delaware marriage certificate, you will need to:

• Complete the approved marriage certificate application form
• Provide information identifying the record
• Provide a copy of acceptable photo ID, such as a driver's license or passport
• Provide proof of relationship or legal authority where required
• Pay the required fee ($25 per copy)

Note that requests can be made by mail or in person at any of the Office of Vital Statistics locations in Dover, Newark, or Georgetown. Submissions can also be made online through VitalChek or GoCertificates, both approved third-party services. In-person requests are often processed the same day, while mail-in requests can take a few weeks, depending on the volume the custodian is handling.

Once you have obtained the certified copy, you may use it for passport applications, name changes with the Social Security Administration or DMV, immigration filings, and other legal or financial processes that require proof of marriage.

How to Get a Marriage License in Delaware

Couples looking to tie the knot in Delaware are required to obtain marriage licenses from a county clerk of the peace. Offices exist in New Castle, Kent, and Sussex Counties.

Generally, both couples must appear together before the clerk. While New Castle County allows couples to begin the application online, both applicants must still appear in person at the clerk's office to verify the information provided, show identification, and complete the process.

Couples must be at least 18 to be eligible to obtain a marriage license. State law stipulates that a marriage license cannot be issued to anyone under 18. Clerk offices also require valid identification from applicants. In addition, previously married applicants must provide an original or certified divorce decree, annulment, or dissolution document, or a death certificate for the most recent spouse.

The cost of a Delaware marriage license varies depending on whether applicants reside in the First State. The license costs $70 if at least one applicant is a Delaware resident, and $120 if neither applicant is a Delaware resident. However, some counties, such as New Castle, may charge a separate $5 processing fee.

Couples typically have to wait at least 24 hours after the license is issued before they can marry. Once issued, a Delaware marriage license is valid for 30 days.

Delaware marriages must be conducted by a person authorized under state law and solemnized in the presence of at least two witnesses aged 18 or older.

Who Can Request Marriage Records?

A Delaware marriage record not yet 50 years old may be requested by:

• A spouse named in the record
• The registrant's spouse
• Children
• Parents
• A legal guardian
• An authorized representative
• An attorney acting with proper authority

Note that the Office of Vital Statistics also has procedures for authorized legal representatives (they must submit a formal request on letterhead explaining the legal need). Furthermore, a third party generally cannot obtain a recent certified marriage record unless they fall within the authorized category or have appropriate legal authority. After 50 years, Delaware marriage records become public and can be accessed by genealogists, researchers, and other third parties.

Free and Online Marriage Record Searches

Anyone looking to access older Delaware marriage records can find free online resources that provide this service. Note that recent marriage records in the state are not freely accessible online.

The Delaware Public Archives Digital Collections offers free, searchable file indexes of historical marriages. Additionally, nonprofit sites like FamilySearch also offer free access to digital transcriptions and microfilm images of older unions.

Note that these free tools typically only reveal the names, marriage dates, and counties of marriage. They do not provide access to a certified document. If you want a certified copy of a marriage record for legal reasons, you must pay the state's search fee of $25.

If you are not certain about the wedding date or location, you can initiate a broad search on historical index sites using only the last names to narrow down the correct county.

Common Law Marriage in Delaware

Delaware does not recognize common-law marriages. Hence, two partners cannot create a valid marriage in Delaware by merely cohabiting together or referring to one another as spouses, no matter how long they have been together. To be married in Delaware, couples must obtain a marriage license from the state and have their marriage performed by an authorized officiant.

However, if a party entered into a valid common-law marriage in another state that recognizes such a union, Delaware is obliged to acknowledge that common-law marriage under the federal full faith and credit rules. Since Delaware does not recognize common-law marriages, there are no records of such unions in the state's vital statistics system.

How to Correct an Error on a Marriage Record

Misspelled names, incorrect birth information, incorrect parental information, and mistakes in other details provided by the applicants or entered by the clerk are common errors on Delaware marriage records. To request a correction of a marriage certificate, the application must be made jointly by both spouses (or the survivor if one has passed away).

Correction requests must be submitted to the Office of Vital Statistics or the specific county clerk of the peace where the license was filed. Supporting documents are also required to prove the incorrect information and identify the correct details that should appear on the record. Depending on the details to be corrected, supporting documents may include a birth certificate or passport. Note that once an individual item has been amended, changing the same item again generally requires a court order.

Minor clerical errors are typically corrected for a small processing fee. However, if you want a new certified copy of the corrected record, you will be required to pay the statutory fee for a certified record.

Marriage Records and Name Changes

Marriage remains one of the events that support a legal surname change. The Social Security Administration (SSA) considers a marriage certificate as a valid proof of a legal name change, although additional identification may be required in some situations.

Updating SSA records allows a person to update their Delaware driver's license or state ID. The Delaware Division of Motor Vehicles requires those applying for a marriage-based name change to provide the marriage certificate once the SSA updates its records.

Changing a legal name is not the same as correcting an error on the marriage certificate. An amendment to a marriage certificate is required and can be made only when an incorrect detail exists in the marriage record at the time of its creation. A later change in a spouse's legal name does not necessarily mean the original marriage record contains an error.

Marriage Records for Genealogy and Family History

The Delaware Public Archives holds state records dating back to the 1800s. Its collections include marriage records, probate files, land records, census materials, family histories, Bible records, church records, and newspapers. This makes Delaware a good state for family historians and genealogists looking to trace ancestral lines.

Researchers can also search historical records using the FamilySearch platform. This site's collection contains selected church marriages and marriage licenses and may include information on spouses, residences, ages, occupations, parents, marital status, officiants, and witnesses.

Ancestry is another useful resource for researchers to find historical marriage records. According to the Delaware Public Archives, Ancestry offers access to digitized marriage material from about 1650 to 1933, with qualifying Delaware residents able to access participating archives' collections without paying for a full Ancestry subscription.

Old marriage records are not always complete, as spellings may vary and some events may have been recorded only by a church or county office. Moreover, indexes may omit information contained in the original document.

If a search does not always yield results, try the other spouse's name, a wide year range, alternative name spellings, and nearby counties; these may return a positive result. Furthermore, for families who resided near Delaware's border, it may be useful to search neighborhoods in Pennsylvania or Maryland.

Frequently Asked Questions