Title 13, Domestic Relations

§ 105. Status of children of prohibited marriages. Children of void or voidable marriages shall be deemed to be legitimate.27 Del. Laws, c. 261, § 1; Code 1915, § 2992; 32 Del. Laws, c. 182, § 1; Code 1935, § 3485; 13 Del. C. 1953, § 105;

§ 106. Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty. (a) (1) For purposes of this subsection, “chief executive officer” means the mayor of an incorporated municipality. If an incorporated municipality does not have a mayor, then “chie…

§ 107. Marriage licenses; obtaining and delivery. (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…

§ 108. Fee for issuing marriage licenses; prohibition of other charges. Clerks of the peace shall issue marriage licenses for $10 each, $4.00 of which shall be deposited by the clerks of the peace with the Department of Health and Social Services for each license delivered to the…

§ 109. Licenses issued by the clerk of the peace. The several clerks of the peace of the various counties or their deputies, also known as the Marriage Bureau, shall issue all marriage licenses and shall sign them and affix the county seal thereto.27 Del. Laws, c. 261, § 4; Code …

§ 110. Limitations on issuance of license. No marriage license shall be issued by a clerk of the peace when either of the parties applying for license to marry, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers th…

§ 111. Establishing validity of papers submitted by applicants; filing and inspection. Clerks of the peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons and past or present patients of Delaware Psychiatric Center or other des…

§ 112. Violations by clerk of the peace; penalties. Any clerk of the peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine shall be imprisoned not more than 30 days.27 Del. Laws, c. 261, § 4…

§ 113. Supplies of marriage licenses, books and other forms; form. (a) Marriage licenses, and other forms and books used in connection with the issuance of marriage licenses shall be furnished by the Department of Health and Social Services on request of the clerks of the peace. …

§ 114. Retention of marriage license by celebrant. The person performing the marriage ceremony shall retain the original or a copy of the marriage license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.27 Del. Laws, c. 2…

§ 115. Forms for marriage license; certificates of marriage. (a) The Department of Health and Social Services shall prescribe a marriage license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be necessary to p…

§ 116. Duties of officer issuing marriage license. (a) The number on the marriage license shall be filled in by the issuing officer unless it has been previously affixed and shall be the same number as that appearing on the application. The issuing officer shall immediately note …

§ 117. Forms to be sent to clerk of the peace; duties of the clerk. (a) The person performing the marriage shall, within 4 days after the ceremony, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe. (b) Th…

§ 118. Failure to return certificate of marriage to clerk of the peace for recording; penalty. (a) Any person officiating a marriage in this State who fails to return the certificate of marriage to the issuing clerk of the peace for recording within 15 days of the marriage ceremo…

§ 119. Public records; evidence. Such marriage forms and records as may be prescribed by the Department of Health and Social Services shall be kept by the issuing officer in the issuing officer’s office. They shall be public records open for the inspection of the public after 50 …

§ 120. Marriage license application; appearance of parties; exception. Before any marriage license shall be issued by the issuing officer, the parties desiring to marry shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing o…

§ 121. Identification of applicants not known to issuing officer as residents of State. In the case of applicants for a marriage license who claim to be residents of the State, if neither of them is personally known to the marriage license issuing officer as a resident of the Sta…

§ 122. Marriage license application. (a) The marriage license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health…

§ 123. Marriage of minors; consent forms. (a) No individual under the age of 18 shall be granted a marriage license. (b)-(f) [Repealed.]27 Del. Laws, c. 261, § 7; Code 1915, § 2998; 32 Del. Laws, c. 182, § 1; Code 1935, § 3491; 45 Del. Laws, c. 241, § 28; 13 Del. C. 1953, § 123; …

§ 124. Administration of oaths. Every person authorized by this chapter to issue licenses may administer oaths or affirmations to the parties applying for the license.27 Del. Laws, c. 261, § 8; Code 1915, § 2999; 32 Del. Laws, c. 182, § 1; Code 1935, § 3492; 13 Del. C. 1953, § 12…

§ 125. Validity of marriages performed prior to March 20, 1913. All marriages performed prior to March 20, 1913, by a minister of any religion, even though not a stated and ordained minister of the gospel, if otherwise valid, shall be as valid as if the same had been performed by…

§ 126. Validity of common-law or other lawful marriages. Nothing in this chapter shall be construed to render any common-law or other marriage, otherwise lawful, invalid by reason of the failure to take out a license as provided by this chapter.27 Del. Laws, c. 261, § 9; Code 191…

§ 127. False statement; penalty. If any person applying for a license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjury, and if an…

§ 128. Performance of marriage ceremony in violation of chapter; false certificate of marriage; penalties. Any person or religious society having authority to solemnize marriages who performs a marriage ceremony without the presentation of a license issued pursuant to this chapte…

§ 129. Equal treatment of marital relationships [Effective until Dec. 6, 2026]. (a) All laws of this State applicable to marriage or married spouses or the children of married spouses, whether derived from statutes, administrative rules or regulations, court rules, governmental p…

§§ 141-151. Physician’s certificate of premarital physical examination and serological test; filing; consent to examinations and tests; free examination; laboratory test and report; serological test; approved laboratory; duty of State Board of Health; laboratory report form; dist…

§ 201. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Civil union” means a legal union between 2 individuals of the same sex established pursuant to this chapter. (2) “Party” or “party to a civil union” means an individual who is a party to a ci…

§ 202. Eligibility to enter into a civil union. Persons shall be eligible to enter into a civil union only if such persons both are: (1) Not: a. A party to a civil union with a different person; b. A spouse in a marriage that is recognized as a marriage under Chapter 1 of this ti…

§ 203. Civil unions void; when. (a) A civil union is prohibited and void between a person and that person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin. (b) A civil union is prohibited, and is void from the time its…

§ 204. Status of children of civil unions. The rights of parties to a civil union, with respect to a child of whom either party becomes the parent during the term of the civil union, shall be the same as the rights (including presumptions of parentage) of married spouses with res…

§ 205. Solemnization; license to perform; refusal to join persons in a civil union. (a) A civil union entered into in this State shall become valid only upon completion of a solemnization in accordance with this section. (b) A clergyperson or minister of any religion, current and…

§ 206. Applicants for civil union; license required; limitations; violations by clerk of the peace; penalties. (a) No persons may be joined in a civil union in this State unless both parties to such civil union: (1) Meet the requirements of § 202 of this title; (2) Have complied …

§ 207. Application for license for persons who wish to enter into a civil union. (a) Before any civil union license shall be issued by the issuing officer, the parties desiring to enter into a civil union shall together appear before such officer to be examined upon oath or affir…

§ 208. Forms for civil union license; certification of civil union. (a) The Department of Health and Social Services shall prescribe a civil union license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be nece…

§ 209. Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit; supplies of civil union licenses, books, and other forms. (a) The person who solemnizes a civil union shall, within 15 days after the solemnization of the civil union, ret…

§ 210. False statement; penalty. If any person applying for a civil union license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjur…

§ 211. Performance of civil union solemnization in violation of chapter; false certificate of civil union; penalties. Any person or religious society having authority to solemnize civil unions who performs a civil union solemnization without the presentation of a license issued p…

§ 212. Rights, benefits, protections and responsibilities of parties to a civil union. (a) Parties to a civil union lawfully entered into or otherwise recognized pursuant to this chapter shall have all the same rights, protections and benefits, and shall be subject to the same re…

§ 213. Legal unions performed in other jurisdictions [Repealed].78 Del. Laws, c. 22, § 1; repealed by 79 Del. Laws, c. 19, § 5, eff. July 1, 2013.;

§ 214. Treatment of parties to a civil union for purposes of Delaware law. (a) A party to a civil union shall be included in any definition or use of the terms “dependent”, “family”, “husband and wife”, “immediate family”, “next of kin”, “spouse”, “stepparent”, “tenants by the en…

§ 215. Treatment of parties to a civil union for purposes of Chapter 1 of this title. Notwithstanding Chapter 1 of this title, no person who has entered into a valid civil union pursuant to this chapter, or who has entered into a valid legal union in any other jurisdiction that i…

§ 216. Dissolution of a civil union. A civil union entered into or otherwise recognized under this chapter may be dissolved in the same form and manner as marriages entered into or otherwise recognized under Chapter 1 of this title; provided, however, notwithstanding §§ 1504 and …

§ 217. Rules of construction. (a) The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. This chapter shall be broadly construed to accomplish its intended purposes. (b) The rule of constructi…

§ 218. Conversion of civil unions to marriages. (a) Notwithstanding the provisions of this chapter, no civil union licenses shall be issued, no persons shall be eligible to enter into new civil unions, and no new civil unions shall be solemnized, on or after July 1, 2013. (b) Not…

§ 311. Rights of married women. The property of a married woman, whether real, personal or mixed, and choses in action which she has acquired in any manner, and all the income, rents and profits thereof, shall be deemed to be her sole and separate property. She may sell, convey, …

§ 312. Validation of certain acts completed prior to April 21, 1919. All sales or other disposition of real estate, mortgages, stocks or silver plate made by a married woman prior to April 21, 1919, and all encumbrances upon her real estate created by a married woman prior to tha…