📅 2026 Update: Recent Changes in Delaware's Marriage Laws

Since the original article was written, there have been significant developments regarding marriage laws in Delaware, especially concerning same-sex marriage and marriage equality. The Delaware House of Representatives and State Senate have been working on a constitutional amendment to protect marriage equality. This update will highlight the most recent changes that affect marriage laws in Delaware.

The original article continues further down the page.

🏛️ Progress on Marriage Equality

On June 10, 2025, the Delaware State Senate advanced Senate Bill 100. This bill aims to make same-sex marriage a fundamental right in Delaware's state constitution. The advancement of this bill represents a crucial step in ensuring equal rights for all couples.

📜 Recent Legislative Actions

On June 30, 2026, the Delaware House passed the first leg of Senate Bill 100. This legislative action is part of ongoing efforts to solidify marriage equality in Delaware. However, on June 24, 2026, Attorney General Kathy Jennings expressed disappointment over the House's failure to fully pass the bill.

She highlighted the necessity of constitutional protection for marriage equality.

💰 Current Marriage License Fees

As of 2026, the fee for obtaining a marriage license in Delaware is $70.00 if at least one applicant is a Delaware resident. If neither applicant is a resident, the fee increases to $120.00. This fee structure remains unchanged from previous years.

📝 Application Process and Requirements

The marriage license application process requires applicants to fill out a form provided by the Department of Health and Social Services. This includes personal details and information about any previous marriages or legal unions. Applicants must also meet specific eligibility criteria, such as being at least 18 years old and providing valid identification.

📌 Key Points Summary

  • Senate Bill 100 aims to protect marriage equality.
  • The current marriage license fee is $70.00 for residents and $120.00 for non-residents.
  • Application must be submitted at least 24 hours before the wedding.
  • Individuals must be at least 18 years old to apply for a marriage license.
  • Same-sex marriage has been legal in Delaware since July 1, 2013.

💡 Tips for Applying for a Marriage License in Delaware

Reviewing the details of your situation with an attorney is important for ensuring compliance with marriage laws.

📋 Prepare Your Documents

Before applying for a marriage license, gather all necessary documents. This includes valid identification and any previous marriage dissolution papers, if applicable. Being organized can make the application process smoother.

⏳ Mind the Waiting Period

Remember that you must wait at least 24 hours after obtaining your marriage license before the ceremony. This waiting period is essential for compliance with Delaware marriage laws.

🗺️ Know Your Application Location

Be aware of where you can apply for a marriage license. Each county has specific offices: New Castle County, Kent County, and Sussex County. Make sure to visit the correct location based on your residency.

💻 Consider Online Applications

Delaware allows applicants to apply for marriage licenses online through its government website. This can save time and streamline the application process.

💡 Understand the Fees

Know the fees associated with obtaining a marriage license. If at least one applicant is a Delaware resident, the fee is $70.00. If both are non-residents, the fee is $120.00.

🏆 Delaware Marriage Services Ranked by User Reviews (2026)

This section highlights services related to marriage licenses and ceremonies. Each entry is based on Trustpilot data as of October 2026, where scores can change over time. Ratings serve as one indicator of service quality, but reviews may vary among users.

🥇 1. VirtualMarriage

VirtualMarriage has been rated 4.9. This service is known for its online marriage services and legal marriage certificates. Users appreciate the convenience of handling marriage arrangements remotely.

However, it is important to note that this service is limited to online marriages.

🥈 2. Courtly

Courtly holds a Trustpilot score of 4.8. This service focuses on online marriage services and remote ceremonies. Reviewers commend its user-friendly platform and efficient service.

Similar to VirtualMarriage, Courtly is also limited to online marriages, which may not fit all couples' needs.

🆓 Free Government Resources

Delaware's government provides free resources for marriage license applications through the Department of Health and Social Services. Additionally, Equality Delaware, a nonprofit organization, advocates for LGBTQ+ rights and offers various resources. Delaware public libraries also provide free access to information about marriage laws.

🔎 What to Compare When Choosing a Marriage Service

  • 📄 Service offerings: Look for the type of marriage services available.
  • 💳 Fees: Compare costs between services.
  • 🌐 Online vs. in-person options: Understand whether services are available online or require in-person visits.
  • 📋 User reviews: Check ratings and comments from previous users.
  • 🕒 Processing times: Know how long it takes to receive your marriage license or conduct a ceremony.

❓ Frequently Asked Questions

❓ What are the residency requirements for a marriage license in Delaware?

To qualify for the lower marriage license fee, at least one applicant must be a Delaware resident. If neither applicant is a resident, the higher fee applies.

💍 Can individuals in civil unions convert to marriage in Delaware?

Yes, Delaware law allows individuals in existing civil unions to convert them to marriages. This helps ensure that same-sex couples have equal access to marital rights.

📅 How long is a marriage license valid in Delaware?

A marriage license in Delaware is valid for 30 days from the date of issuance. Couples must ensure their ceremonies take place within this timeframe.

🔍 Is there a waiting period for obtaining a marriage license?

Yes, couples must obtain their marriage license at least 24 hours before the wedding ceremony. This waiting period is mandatory.

📝 What information is required on the marriage license application?

The marriage license application requires personal information, including full names, social security numbers, birth dates, and details about previous marriages or legal unions.

⚖️ Are there restrictions on who can marry in Delaware?

Yes, certain restrictions apply, such as prohibiting marriages between close relatives like siblings or first cousins. Applicants must also not be under the influence of alcohol or drugs at the time of application or the ceremony.

⚖️ Recent Court Cases Related to Marriage Law

Recent court rulings have impacted marriage laws in Delaware, particularly regarding same-sex marriage and marriage equality. These rulings reflect ongoing legal efforts to secure equal rights for all couples.

Readers may find more recent rulings in the news section by browsing more rulings on the news page.

End of October 2026 Update





State

laws in Delaware currently oppose gay marriage. However, a bill that would have
banned gay marriage in Delaware was defeated in 2009.  Currently, there is
no legal recognition for civil unions or domestic partnerships but there is
also no ban on gay marriage in Delaware. 



However, in Delaware, gay and LGBT
rights are lagging behind other states and a large percentage of individuals oppose
gay marriage. In fact discrimination against sexual orientation was not illegal
until 2009. Also there are no laws preventing discrimination based on gender
identity, except for government employees.



It is clear that Delaware will continue to oppose gay marriage as long as
they do not provide the most basic rights to those in the LGBT community. In
2001, Delaware code finally made hate crimes against a person based on actual
or perceived sexual orientation, a crime. In addition, in 2009 Delaware code
began to legally forbid discrimination based on sexual orientation. 


Gay Marriage Laws in Delaware


This
discrimination applied to housing, insurance, employment and other areas. 
However, that discrimination did not extend to marriage in Delaware. Gay marriage
is still not not legally recognized. In addition, there are no laws that
prevent hate crimes or discrimination against individuals based on perceived or
actual gender identity unless the individual is a government employee. 



Executive Order number 8 protects government employers and employees from any
act of discrimination based on sexual orientation or gender identity. Like many
other states, government employees enjoy many rights not afforded to the
general public.



In general, government employees should not receive special
protection simply because they are employed by the government. The general
public should be entitled to the same rights and protection, or the government
becomes complacent in furthering discrimination. In some cases, special rights
afforded to government employees can protect the public. 


For instance, firemen
can enter a home without a warrant in order to put out a fire. In that case,
their special rights protect the public. However, when government employees are
entitled to rights and protection, regarding issues of equality, the general
public should also be entitled to those rights. However,  in Delaware, gay
rights for the public may follow after those afforded to government employees.




Until Delaware begins to recognize equal rights for all individuals, there will
continue to be a large population that will oppose gay marriage. In Delaware,
gay rights must equal those of heterosexual individuals and government
employees, before any steps can be taken towards reaching full equality. 



By opposing
gay marriage, Delaware is itself committing an act of discrimination. In Delaware,
gay rights must be recognized for the general public, just as they are
recognized for government employees and this includes the right to get married.