Getting a Marriage License in New Castle County
Marriage licenses for New Castle County are issued by the New Castle County Clerk of the Peace. The license is a county product, not a court product. The Superior Court Prothonotary does not handle this filing. The Clerk of the Peace office sits in the county government complex at 800 North French Street in Wilmington. Couples who plan to wed in Delaware must obtain a license before the ceremony. The license then runs through an authorized officiant and gets returned for recording. A certified copy can be issued later for name change, immigration, benefits, or estate work.
Eligibility, photo ID, and prior-marriage proof are set by Delaware law. Both applicants must show up. Both must sign. Both must give a full legal name as it appears on government ID. Age rules, divorce dates, and death certificates may all come into play if a prior spouse was involved. Delaware applies a license validity period and may apply a short wait after issuance. The Clerk of the Peace page is the live source for those details. Hours, walk-in rules, and appointment rules can shift, so confirm before you drive downtown.
How to Apply for a Marriage License
The process is short but strict. Each step locks in part of the file the office will keep. Skip a step and the license can stall.
- Check current rules and book an appointment or walk-in slot through the Clerk of the Peace page.
- Bring valid government photo ID for both parties, plus prior divorce decrees or a death certificate if a past marriage applies.
- Complete the marriage license application with full legal names, dates of birth, addresses, and prior marriage status.
- Pay the license fee with the payment method accepted by the office on the day of your visit.
- Observe any Delaware waiting period or license validity window before the ceremony date.
- Have the ceremony performed by an authorized officiant within the license validity window.
- Make sure the officiant returns the signed license so the record is filed and a certified copy can later be ordered.
Marriage License Application Fields
The application asks for plain facts about each applicant. The fields below mirror what the Clerk of the Peace asks at the counter. Have the data ready before your slot opens.
| Field | Type | Required | Notes |
|---|---|---|---|
| Applicant 1 legal name | Text | Yes | Full name exactly as printed on government ID |
| Applicant 2 legal name | Text | Yes | Full name exactly as printed on government ID |
| Date of birth / age | Date | Yes | Used for Delaware age eligibility check |
| Address | Text | Yes | Residential address for each applicant |
| Government photo ID | Document | Yes | Driver license, state ID, or passport |
| Prior marriage / divorce status | Checkbox / text | Conditional | Decree or death certificate may be required |
| Contact information | Phone / email | Yes | Used for appointments and license follow-up |
| Officiant / ceremony details | Text | May be optional | Depends on current form |
| Signatures / oath | Signature | Yes | Both applicants certify the data is true |
New Castle County Marriage and Divorce Fees
Marriage license fees are set by the Clerk of the Peace. Divorce filing fees are set by Delaware Family Court. Both fee schedules shift over time, and the live amount must be confirmed at the office on the day you file. The table below names each fee category and points you to the office that owns it.
| Item | Amount |
|---|---|
| Marriage license | Set by Clerk of the Peace; confirm current amount at the office |
| Certified marriage record copy | Set by Clerk of the Peace or Delaware vital statistics; confirm current amount |
| Divorce filing | Set by Delaware Family Court; confirm current amount |
| Certified divorce decree copy | Set by Family Court; confirm current amount |
| Fee waiver | Available for qualifying filers through Family Court |
Note: Delaware does not publish a fixed county-wide fee in research, so plan to call ahead or read the current Clerk of the Peace and Family Court fee pages before you file.
How to Look Up New Castle County Marriage Records
A marriage record is built from the license file kept by the Clerk of the Peace and the vital record copy kept by Delaware vital statistics. Some details may show on the county side. Long-term certified copies often come from the state side. The Delaware vital statistics office is the right desk for certified marriage record copies for events that fall within their hold period.
To find a record, have the full legal names of both spouses, the date or year of the marriage, and the place of the ceremony. A certified copy may need proof of identity and a stated reason for the request. Mail, in-person, and limited online order paths exist. Turnaround time depends on which office holds the file and what kind of copy you ask for.
How to Find New Castle County Divorce Records
Divorce in New Castle County is heard by the Delaware Family Court. Family Court for New Castle County sits inside the Leonard L. Williams Justice Center at 500 North King Street in Wilmington. Delaware allows no-fault divorce on grounds of irretrievable breakdown. Other statutory grounds exist, and Title 13 of the Delaware Code sets the residency, ground, and procedure rules.
A divorce file may hold the petition, the decree, financial disclosures, custody and support orders, and any related motions. Some parts are public. Many parts are restricted. Custody papers, support worksheets, abuse allegations, and minor names are routinely shielded. Certified divorce decree copies are issued by Family Court. The court will ask for case names, a case number when known, and a valid reason if you are not a party to the case.
Divorce Filing Workflow in New Castle County
Family Court filings follow a set order. Skipping a step can delay the decree by weeks. The steps below match the Family Court process.
- Confirm Delaware Family Court jurisdiction and meet the state residency rule.
- Pick the right divorce packet from the Family Court forms set.
- Complete the petition, information sheet, child-related forms if any, and any required financial disclosure.
- File the packet with Family Court for New Castle County and pay the filing fee or request a fee waiver.
- Serve the other spouse using a method allowed by the court rules.
- Attend any scheduled mediation, status, or merits hearing.
- Receive the final decree and order certified copies as needed.
Getting Certified Copies
Certified copies are needed for name change, Social Security updates, passport changes, benefits, and many estate matters. Plain copies will not work for those tasks. A marriage certified copy comes from the Clerk of the Peace for recent files or from Delaware vital statistics for older files. A divorce certified copy comes from Family Court. Each office sets its own ID rules, fee, and turn-around time. Bring photo ID. Bring the case or license number when known. Ask up front whether mail order is faster than walk-in for your file.
Key Offices for Marriage and Divorce Records
Two offices control most of the file flow for New Castle County. The Clerk of the Peace owns the license side. Family Court owns the divorce side. Use the cards below to route your request to the right desk.
New Castle County Clerk of the Peace
800 North French Street
Wilmington, DE 19801
Marriage license issuance and county marriage records
Delaware Family Court (New Castle County)
Leonard L. Williams Justice Center
500 North King Street
Wilmington, DE 19801
Divorce filings, decrees, and certified divorce copies
Note: Hours, walk-in rules, and appointment systems can change, so verify the current schedule with each office before you drive to Wilmington.
Delaware Vital Records Office
Delaware vital statistics is the state-level office for certified marriage and divorce records that fall within its hold window. The office sits inside the Delaware Department of Health and Social Services. The same office issues birth and death records under Title 16 of the Delaware Code. Mail, in-person, and approved online order options exist for vital record requests.
Delaware Office of Vital Statistics
Division of Public Health
Delaware Department of Health and Social Services
Wilmington and statewide intake points