Del. C. » Title 13 — · CHAPTER 1. Marriage · Domestic Relations
Delaware Code

13 Del. C. § 107 (2026)

Marriage licenses; obtaining and delivery

✓ current as of May 2026
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(a) Persons intending to be married within this State shall obtain a marriage license at least 24 hours prior to the time of the ceremony.

(b) The license must be delivered to the person who is to officiate before the marriage can be lawfully performed. If the marriage is to be performed by or before any religious society, the license shall be delivered to the religious society or any officer thereof who is duly qualified according to § 106 of this title.

(c) A marriage license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to marry within 30 days from the date of its issuance. In the event the marriage ceremony is not performed within 30 days, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to marry. No refund or rebate shall be given for the unused license, nor shall said license be reinstated or postdated. The procedure to secure another license shall be the same as that provided for the initial application.

(d) The Clerk of the Peace in each county for good cause being shown may:

(1) Shorten the time periods specified in subsection (a) of this section; or

(2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.

27 Del. Laws, c. 261, §  3;  Code 1915, §  2994;  32 Del. Laws, c. 182, §  1;  Code 1935, §  3487;  13 Del. C. 1953, §  107;  53 Del. Laws, c. 136;  63 Del. Laws, c. 21, §  3;  71 Del. Laws, c. 289, §  1;  76 Del. Laws, c. 63, §  1; 
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1967–2026 · leading case: Davis v. Gately, 269 F. Supp. 996 (D. Del. 1967).
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Davis v. Gately, 269 F. Supp. 996 (D. Del. 1967). “It is clear that the plaintiffs cannot lawfully marry or have their marriage solemnized within Delaware without first obtaining a marriage license, 13 Del.C. Section 107, and only the Clerks of the Peace of the Counties of Delaware and their deputies are authorized to issue…”
Russell L. Lafon, Sr., as Pers. Rep. of the Est. of Russell L. LaFon, Jr. v. Jacqueline Marie Felmlee (Del. 2026). “12 13 Del. C. § 107. 7 requirements,” which ensure that a witnessed, ceremonial marriage takes place.”
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