Are Delaware Marriage Records Public?
Typically, most Delaware residents want to know if they can request marriage records in Delaware. Hence, they call the Delaware Office of Vital Statistics asking, “are marriage records public?
Marriage Records in the State of Delaware are only publicly accessible after 50 years. Before they enter the public domain, the parties named on these records may access them. Other eligible parties include their parents/guardians, children, and legal representatives.
While actual marriage records are confidential for half a century, Delaware makes marriage record books and marriage license books maintained by the Clerks of the Peace available to the public. Delaware marriage records book provide the following information about marriages contracted in the various counties:
- Dates of marriage ceremonies
- Names of the officiants who performed the ceremonies
A marriage license book is a record of all licenses issued in the State of Delaware. It holds the following information:
- Full names of the parties issued marriage licenses
- Addresses of licensed applicants
- Ages of approved applicants
- Dates when the licenses were issued
Both records are open to public inspection. Contact the Delaware Vital Records office for detailed answers to the question, “are marriage records public in Delaware?”:
Family Court records can include marriage records and divorce records. These records contain personal information of those involved and their maintenance is critical should anyone involved wish to make changes. Because of this both marriage and divorce records can be considered more difficult to locate and obtain than other public records, and may not be available through government sources or third party public record websites.
How to Find Delaware Marriage Records
In the State of Delaware, marriage records are vital documents that are used to legalize unions between two people in domestic relationships. These records validate and serve as proof of marriages that occurred in the State. Delaware authorizes only certain government officers to issue and prepare marriage records and marriage licenses. The Delaware Office of Vital Statistics issues certified copies of marriage records less than 50 years to selected few. Requesters can find marriage records online, by mail, or in person at the Office. Marriage records become public after 50 years. A record seeker can find Delaware public marriage records at the State Public Archives office. Note that marriage records do not include information regarding previous marriages. Individuals seeking information about previous marriages should request divorce certificates in Delaware.
How to Find Out if Someone is Married in Delaware
A Delaware resident who wants to find out if someone is married in the state can request their marriage records at the State Office of Vital Statistics. Requesters can order online, by mail, or in person. Third-party vendors approved by the Office processes online marriage certificate requests in the state. Mail applicants must submit an Application for a Certified Copy of a Delaware Marriage Certificate form to the local Vital Statistics Offices. An in-person marriage record search in Delaware can be done by visiting any of three Offices Vital Statistics locations around the state.
Alternatively, record seekers can find marriage records of individuals who have been married for over 50 years at the Delaware Public Archives. Requests can be made via email at archives@delaware.gov or by phone at (302) 744-5000.
How to Check Marriage Status Online
An Individual seeking how to check marriage status online can contact the Delaware Office of Vital Statistics. The Office partners with two third-party sites to allow citizens to check marriage statuses online. These third-party vendors are Go Certificates and VitalChek. Here is how to check marriage status online using Go Certificates:
- Go to the website and select the state
- Select certificate type
- Select Issuing County
- Select a Service or Product
- Provide reason for order
- Then select the date of marriage/civil union
- The applicant’s full name would be required
In addition to the $25 fee for certified copies, Go Certificates charges an additional processing fee of $19.95 and $2.50 for shipping and handling.
To order marriage/civil union certificates online, using VitalChek, applicants should follow these steps and provide the needed information for processing:
- Select the state
- Select city
- Input date of marriage
- Select Reason for request
- Applicants would be required to provide names
Delaware VitalChek offers marriage certificates for $25 with a processing fee of $12.95. An additional shipping cost may be required based on the shipping method. For UPS Air, it costs $20, which affords the requester a secure and fast delivery. However, the regular mail delivery option is also available at no cost but would take longer, and there is no guarantee or safety for such delivery. Contact the Delaware Office of Vital Statistics for more information on how to check marriage status online.
What is Considered a Marriage Record in Delaware?
Delaware marriage records are documents that contain information which prove the validity of marriages solemnized in the state. They are two major types of marriage records in the State: marriage certificates and marriage licenses.
Usually, persons requesting copies of marriage records do so for a variety of reasons including genealogy and ancestry research as well as identification, legal, insurance, and financial purposes.
The information contained in a marriage record may include:
- Marriage license number
- Full names of the bride and groom, including the bride’s maiden name
- Full names of the bride and groom’s parents
- State/county where the marriage took place
- Name and signature of the 2 witnesses
- Name and signature of the officiant
- Date/time of marriage
Both government websites and organizations may offer divorce and marriage records. Similarly, third party public record websites can also provide these types of records. But because third party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and dissolution of marriage records are considered highly private and are often sealed, meaning availability of these types of records cannot be guaranteed.
How to Check Marriage Records for Free
Individuals cannot check marriage records for free at the Delaware Office of Vital Statistics, State Public Archives Office, and County Clerk of Peace offices. Marriage records search in Delaware typically costs $25, and additional processing fees may apply depending on the request method.
How to Change Your Name After Marriage in Delaware
To perform a name change after marriage in Delaware, the first step is to obtain a marriage certificate or court order. Next, parties must inform the Social Security Administration (SSA), otherwise, the process is incomplete. Applicants must complete a Form SS-5 and provide a photo ID and name change document to complete this process. In turn, the SSA will issue a new social security card after two to three weeks.
Per state laws, individuals changing their name after marriage must update their driver's license within 30 days after receiving a new social security card. In addition, applicants must bring a certified copy of their marriage record and their new social security card to any Delaware DMV location.
What is Considered a Marriage License in Delaware?
Anyone who wants to be wed in the State of Delaware is required, by law, to apply for a marriage license. This document gives the parties permission to proceed with their marriage ceremony. The various Clerks of the Peace in different counties in the state are responsible for issuing all marriage licenses in Delaware. Marriage licenses in Delaware are only valid for 30 days from the application date.
Delaware Public Marriage Licenses
Per § 3110 of the Delaware Code, marriage license become public after 50 years. Delaware public marriage records are available at the Delaware Public Archives office. Requests can be made by email at archives@delaware.gov or phone at (302) 744-5000.
How Do I Get a Marriage License in Delaware?
To obtain a marriage license in the state, eligible individuals should visit the Office of the Clerk of the Peace at any of these county court locations:
Newcastle County:
800 N. French St.
Second Floor
Wilmington, DE 19801
(302) 395-7780
Sussex County:
2 The Circle,
Georgetown, DE 19947
(302) 855-7700
Kent County:
555 Bay Rd.
Dover, DE 19901
(302) 744-2346
An intending couple applying for a marriage license must appear before the Clerk of the Peace together. They must meet these requirements:
- Be 18 years of age or older at the time of application
- Apply for the license at least 24 hours before the marriage ceremony
- Be of sound mind and faculty at the time of application
- Have valid photo IDs (State ID, Driver’s License, Passport, United States Visa ID, Military ID, or Consulate ID)
- Have no blood or familial relationship to each other
Applicants will be required to provide the following details:
- Full names
- Places of residence
- Full names of parents’ (including mothers’ maiden names)
- Parents' addresses
- State/county of birth of parents
- Ages, races, and occupations
- Date and place of a former marriage (if married previously)
- Applicants’ courts and places/institutions of probation (if applicable)
- Information on previous divorces (if applicable)
Delaware makes certain exemptions for parties who are critically ill. In these cases, the indisposed individuals may be represented by their physicians. Furthermore, applicants who are divorced, widowed, or who have had their marriages annulled are required to provide certified divorce/annulment decrees or certified death certificates of their deceased spouses.
Applicants should note that the Offices of the Clerks of Peace in Sussex, Kent, and Newcastle counties each have different businesses and requirements for obtaining marriage licenses. A Delaware marriage license costs $70, if one of the applicants is a resident of the state. Non-residents are required to pay a fee of $120 for a marriage license.
While some third-party sites accept orders for Delaware marriage licenses, applicants are still required to visit the Clerk of the Peace office within 30 days to complete the process. They are required to come with all paperwork used for their online applications when collecting their licenses.
What are Delaware Marriage Certificates?
Delaware marriage certificates are documents issued to newlyweds after their wedding ceremonies. The following details can be found on a Delaware marriage certificate:
- Full names of the bride and groom
- Time/date of the marriage ceremony
- Place of the marriage ceremony
- Name and signature of the officiant
- Names and signatures of two witnesses (who are at least 18 years of age)
Individuals who want to know how to find a marriage certificate in Delaware should contact the State Office of Vital Statistics.
Delaware Common-Law Marriage Licenses
The State of Delaware does not recognize common-law marriages. Therefore, it does not authorize its Clerks of the Peace to issue common-law marriage licenses.
Delaware Civil Union Marriage Licenses
This type of license is issued to individuals of the same sex who wish to be wed in the State of Delaware. Two individuals who want to obtain a civil union license must meet the following conditions:
- Be at least 18 years old
- Not related to each other
- Be of sound mind and not under the influence of drugs or alcohol at the time of the application
They must also appear together before a Clerk of the Peace when applying for this license. Applicants who are residents of the state, but not known by the Clerk of the Peace, must present a reliable guarantor to vouch for them.
Information required during the application process include:
- Applicants’ full names
- Applicants’ genders, races, and occupations
- Applicants’ dates of birth
- Full names and addresses of their parents
- Date/place of previous civil unions (if applicable)
- Previous domestic partnerships/marriages (if applicable)
- Place/court of probation (if applicable)
- Date/time of application
- Applicants’ Social Security Numbers
How Do I Obtain a Copy of My Marriage Certificate in Delaware?
To obtain certified copies of marriage certificates in Delaware, applicants (21 years and above) must submit their requests to the county offices of the state's Vital Statistics where their marriage licenses were issued. They may submit a completed Application for a Certified Copy of a Delaware Marriage Certificate (Same-Gender version) or a written request. However, the Office of Vital Statistics only keeps records that are 40 years old and newer.
Members of the public who want to obtain marriage certificates older than 50 years may apply to the Delaware Public Archives by calling the number: (302) 744-5000 or mail their requests to:
Delaware Public Archives
121 Martin Luther King Jr. Blvd. North
Dover, DE 19901
(302) 744-5000
To request for copies of a marriage certificate from the Delaware Vital Statistics Office, visit any of the following offices in person or by send a mail request to:
Sussex County
Adams State Service Center
546 South Bedford Street
Georgetown, DE 19947
Phone: (302) 856-5495
Kent County
Jesse S. Cooper Building
417 Federal Street
Dover, DE 19901
Phone: (302) 744-4549
Newcastle County
University Office Plaza - Chopin Building
258 Chapman Road
Newark, DE 19702
Phone: (302) 283-7100
Those that elect to send written requests rather than completed application forms must forward their letters to the Office of Vital Statistics in Kent County. Each request must be signed and contain the following details:
- Full names of the parties named on the marriage certificate
- Type of marriage license issued
- Date of marriage
- Applicant’s daytime telephone number
Enclose the required fee with the request. Delaware Vital Statistics Office charges $25 for each certified copy of a marriage certificate. Contact the Office for more information on how to find a marriage certificate in Delaware.
Are Prenups Public Records in Delaware?
Prenuptial agreements are contracts a couple considering marriage can sign before getting hitched. They detail each party's rights and obligations concerning property and assets acquired during the union and may also address alimony and property division in case of death. Intending couples must review the Delaware Premarital Agreement Law before making any decisions to understand the formality and enforcement processes required in prenups.
