If you are searching for how to get married at the courthouse in Delaware, you are exploring one of the simplest and most affordable ways to legally marry in the First State. Getting married at the courthouse in Delaware offers couples a no-frills, legally recognized marriage option that skips the complexities of a traditional wedding ceremony. This choice is perfect for couples seeking convenience, speed, and an intimate ceremony without the stress of planning a large event. Understanding the process, legal requirements, and steps involved will help ensure your courthouse wedding goes smoothly. In this article, you will find all the essential information about getting married at the court in Delaware, including requirements, step-by-step instructions, and important considerations.
Requirements to Get Married at the Courthouse in Delaware
To get married at the courthouse in Delaware, there are several legal requirements you must meet. These requirements are designed to ensure the validity and legality of your marriage:
1. Age Requirement: Both parties must be at least 18 years old to marry in Delaware without parental consent. If you are 16 or 17 years old, you can marry with the written consent of a parent or legal guardian. Marriages below the age of 16 require court approval. This requirement safeguards minors and ensures they enter marriage with proper consent.
2. Residency: Delaware does not require either party to be a resident of the state to obtain a marriage license or marry at the courthouse. Non-residents and visitors can apply for a marriage license and get married legally in Delaware, making it an accessible location for couples from anywhere.
3. Identification: Both individuals must present valid government-issued photo identification when applying for a marriage license. Acceptable forms include a driver’s license, state ID, passport, or military ID. This confirms your identity and age and helps prevent fraud.
4. Marriage License: You and your partner must apply for a marriage license at any Delaware county clerk’s office before the wedding. Both parties need to be present to fill out the application and pay the license fee, which generally ranges from \$50 to \$60 depending on the county. The license is valid for 30 days from the date of issuance, so the marriage ceremony must occur within this time frame.
5. Waiting Period: Delaware imposes a mandatory 24-hour waiting period between obtaining the marriage license and holding the ceremony. This waiting period allows time for consideration and processing. However, couples can waive the waiting period by appearing before a judge if there is an urgent need.
6. Not Currently Married: Both parties must be legally free to marry, meaning they are not currently married to someone else. Proof of dissolution of previous marriages (divorce decree or death certificate) may be required when applying for the license.
7. Witness Requirement: Delaware law requires at least one witness to be present at the marriage ceremony. The witness must be at least 18 years old and able to sign the marriage certificate. The witness can be a family member, friend, or sometimes courthouse personnel.
All Steps to Get Married at the Courthouse in Delaware
1. Apply for a Marriage License at the County Clerk’s Office
The first step in getting married at the courthouse in Delaware is to obtain your marriage license from the county clerk’s office. For example, if you are in New Castle County, you would visit the New Castle County Clerk’s office. Both you and your partner must appear in person, bring valid IDs, and complete the application form. You will also need to pay the license fee, which is typically around \$50. After applying, you must wait 24 hours before the ceremony unless you obtain a waiver. The marriage license will be valid for 30 days, so plan your ceremony accordingly.
2. Schedule Your Courthouse Wedding Ceremony
Once you have your marriage license, contact the courthouse where you plan to get married to schedule the ceremony. Many Delaware courthouses require appointments due to limited availability, so calling ahead is recommended. For example, the New Castle County Courthouse offers specific days and times for weddings. The ceremony usually lasts about 15 to 30 minutes and is officiated by a judge, magistrate, or authorized official. If you want a particular date or time, make your reservation early, especially during popular months.
3. Attend the Courthouse Wedding Ceremony
On the day of your wedding at the courthouse, bring your valid photo IDs and your marriage license. The officiant will conduct the ceremony, which typically includes a brief exchange of vows and the legal declaration of marriage. You and your partner, along with your witness, will sign the marriage certificate to formalize the marriage. The officiant will then file the signed certificate with the county clerk’s office, officially recording your marriage. Courthouse weddings are often quick and low-key, making them perfect for couples seeking an intimate legal ceremony.
4. Request Certified Copies of Your Marriage Certificate
After your marriage is officially recorded, you can request certified copies of your marriage certificate from the county clerk’s office. These copies serve as legal proof of your marriage and may be necessary for name changes, insurance, or legal documentation. Certified copies usually cost between \$10 and \$20 per copy and can be requested in person, by mail, or online in some counties. Processing times vary but generally take a few days to a couple of weeks. Having multiple certified copies is wise for future use.
Things to Consider When Deciding to Get Married at the Courthouse in Delaware
1. Affordability and Budget
Getting married at the courthouse in Delaware is one of the most affordable ways to legally marry. You avoid costly expenses like venues, catering, and large guest lists, only paying for the marriage license and minor ceremony fees. This is ideal for couples on a budget or those wanting to invest money elsewhere. However, if you plan a celebration afterward, that will add to your costs. Overall, courthouse weddings offer a significant cost-saving benefit.
2. Simplicity and Convenience
Courthouse weddings in Delaware are designed to be simple and convenient. The ceremony is typically short, often completed in less than 30 minutes, and requires minimal planning. This appeals to couples who want a straightforward legal marriage without the stress of organizing a traditional wedding. However, it’s important to understand that the ceremony is usually very formal and lacks the personal touches of larger weddings. If you want a big celebration, consider planning a party later.
3. Timing and Scheduling
Delaware’s mandatory 24-hour waiting period after obtaining your marriage license means you cannot marry the same day you apply unless you have a waiver. Scheduling your courthouse wedding in advance is critical, especially in busy counties where demand is high. Some courthouses have limited wedding days and times, so contacting the clerk’s office early ensures availability. Also, keep in mind that your marriage license is only valid for 30 days, so timing is essential.
4. Legal Recognition and Documentation
A courthouse wedding in Delaware is fully legal and recognized by all state and federal authorities. After the ceremony, your marriage certificate is filed with the county clerk, making your marriage official. Be sure to obtain certified copies of your marriage certificate to use for legal name changes, insurance, tax filings, or spousal benefits. Without certified copies, proving your marital status can be difficult, so safeguard these documents.
5. Witness Requirements
Delaware requires at least one adult witness at your courthouse wedding who will sign the marriage certificate. If you do not have a friend or family member to serve as a witness, check with the courthouse staff to see if they can provide one. This is an important legal requirement to ensure your marriage is valid. Failing to have a witness present can delay or invalidate the ceremony.
6. Personalizing the Ceremony
While courthouse weddings in Delaware are generally brief and formal, you may be able to personalize the ceremony slightly. Some officiants allow couples to say their own vows or include special readings. However, the scope for personalization is limited compared to traditional weddings. If you want a fully customized experience, you might need to look beyond the courthouse for your ceremony location.
Conclusion
Understanding how to get married at the courthouse in Delaware makes the process straightforward, affordable, and stress-free. By fulfilling all requirements—including age, ID, marriage license application, waiting periods, and witness presence—you ensure your marriage is legally valid and recognized. Courthouse weddings are ideal for couples seeking simplicity and quick legal recognition without the complexity of large weddings. Whether you are a Delaware resident or visiting, getting married at the courthouse offers a reliable and convenient way to say “I do.” Plan ahead, schedule your ceremony, and enjoy a smooth and memorable courthouse wedding experience in Delaware.
