Delaware imposes no mandatory waiting period between divorce finalization and remarriage, making it one of the most remarriage-friendly states in the nation. Once a Delaware Family Court judge signs your divorce decree and the clerk files it, you may legally remarry the same day. The primary requirements for remarriage after divorce Delaware residents must meet include presenting a certified copy of your divorce decree when applying for a new marriage license, paying the $50 license fee (for Delaware residents), and observing a 24-hour waiting period before the ceremony can occur. This guide covers everything you need to know about starting your next chapter in the First State.
Key Facts: Remarriage After Divorce in Delaware
| Requirement | Delaware Rule |
|---|---|
| Waiting Period After Divorce | None — remarry immediately |
| Marriage License Fee | $50 (residents) / $100 (non-residents) |
| License Waiting Period | 24 hours (residents) / 96 hours (non-residents) |
| License Validity | 30 days |
| Required Documents | Photo ID + Certified Divorce Decree |
| Minimum Age to Marry | 18 (no exceptions) |
| Witnesses Required | 2 adults (18+) |
| Divorce Residency Requirement | 6 months in Delaware |
Delaware Has No Remarriage Waiting Period After Divorce
Delaware law permits remarriage immediately upon divorce finalization with no mandatory waiting period between your divorce decree date and your new marriage license application. Under 13 Del.C. § 1504, once the Family Court judge signs the final divorce decree and the court files it, your marriage is legally dissolved. Unlike states such as Texas (30-day waiting period) or Alabama (60-day waiting period), Delaware places no temporal restrictions on when divorced individuals may remarry. Your divorce becomes final when you receive the stamped copy of your decree, typically several weeks after your final hearing.
The absence of a remarriage waiting period reflects Delaware's approach to personal autonomy in family law matters. However, you must still complete the standard marriage license application process, which includes its own 24-hour waiting period for Delaware residents before the ceremony can occur. For non-residents, this waiting period extends to 96 hours under 13 Del.C. § 105.
Marriage License Requirements for Previously Divorced Persons
Delaware law requires divorced individuals to present specific documentation when applying for a new marriage license, ensuring the prior marriage was legally terminated. Under 13 Del.C. § 101, a marriage is void if either party was previously married and cannot produce proof of divorce termination. The Clerk of Peace in your county must inspect and verify your divorce documentation before issuing a marriage license.
Required Documents for Your Marriage License Application
- Valid photo identification (driver's license, state ID, passport, or military ID)
- Original or certified copy of your final divorce decree bearing the judge's signature and court seal
- If you have been divorced more than once, bring the most recent divorce decree
- Marriage license fee: $50 for Delaware residents, $100 for non-residents
Both applicants must appear together at the Clerk of Peace office in New Castle, Kent, or Sussex County. The clerk will examine the validity of your divorce papers and file them with the county recorder's office. If your divorce decree cannot be obtained, a Resident Judge may issue a certificate based on your sworn statement, though this alternative route is rarely necessary.
What If Your Divorce Occurred in Another State?
Delaware grants full faith and credit to divorce decrees from all U.S. states, territories, and possessions under 13 Del.C. § 103. Present a certified copy of your out-of-state divorce decree, which the Clerk of Peace will verify and accept. For international divorces, Delaware courts may recognize foreign divorce decrees under rules of international comity, though additional verification may be required depending on the originating country.
Delaware Marriage License Process and Fees
The Delaware marriage license application costs $50 when at least one applicant is a Delaware resident, or $100 when both applicants are non-residents, as of April 2026. Marriage licenses are issued by the Clerk of Peace in each of Delaware's three counties: New Castle County in Wilmington, Kent County in Dover, and Sussex County in Georgetown. The license remains valid for 30 days after issuance, and all ceremonies must take place within Delaware's borders.
Timeline for Remarriage After Divorce Delaware
| Step | Timeframe |
|---|---|
| Divorce decree signed | Day 0 |
| Receive stamped final decree | 1-3 weeks after hearing |
| Apply for marriage license | Same day as divorce finalization or after |
| 24-hour waiting period (residents) | Day 1-2 |
| Marriage ceremony | Day 2-32 (within 30-day validity) |
| Marriage license returned to court | Within 10 days of ceremony |
The 24-hour waiting period begins at the time of your application, not the date. The Clerk of Peace may waive this waiting period for good cause, such as military deployment or medical emergency. Two credible witnesses aged 18 or older must attend your ceremony and sign the marriage license afterward. The officiant must return the signed license to the issuing office within 10 days.
How Remarriage Affects Alimony in Delaware
Remarriage automatically terminates alimony obligations in Delaware under 13 Del.C. § 1512(g), unless the parties agreed otherwise in writing during the divorce settlement. This termination is immediate upon remarriage — no court filing or modification hearing is required. Delaware law places an affirmative duty on the alimony recipient to promptly notify the paying spouse of remarriage.
Alimony Termination Triggers Under Delaware Law
- Death of either the paying or receiving party
- Remarriage of the party receiving alimony
- Cohabitation of the receiving party with an intimate partner
Cohabitation is defined under 13 Del.C. § 1512(g) as regularly residing with an adult of the same or opposite sex when the parties hold themselves out as a couple, regardless of whether the relationship provides financial benefit to the alimony recipient. Proof of sexual relations is admissible but not required to establish cohabitation. Delaware courts have clarified in Sylvester v. Monroe that the cohabitation provision applies only when the person is actively receiving alimony at the time of cohabitation.
Strategic Considerations Before Remarrying
If you are receiving alimony payments, remarriage will end those payments permanently. Consider the financial implications carefully before remarriage after divorce Delaware residents should review their divorce settlement agreement to confirm whether any exceptions were negotiated. Consult with a family law attorney if your alimony award was substantial or if you have concerns about financial stability after remarriage.
Property Division Considerations for Second Marriages
Delaware follows equitable distribution principles for property division under 13 Del.C. § 1513, meaning marital assets are divided fairly but not necessarily equally. When entering a second marriage, understanding how Delaware classifies property becomes crucial for protecting assets acquired before the new marriage or inherited during it.
Protecting Assets in a Second Marriage
| Asset Type | Classification | Protection Strategy |
|---|---|---|
| Assets from first marriage | Separate property | Keep separate, document source |
| Inheritance during second marriage | Separate property | Do not commingle with marital funds |
| Assets acquired during second marriage | Marital property (presumed) | Prenuptial agreement recommended |
| Retirement accounts from first marriage | Complex — depends on QDRO terms | Review prior divorce decree |
| Real estate purchased before second marriage | Separate property if titled solely | Consider prenuptial agreement |
Delaware courts presume all property acquired during marriage is marital property under 13 Del.C. § 1513(c), regardless of how it is titled. To maintain separate property status, avoid commingling inherited or premarital assets with joint accounts. A prenuptial agreement provides the strongest protection for second-marriage couples with significant assets, children from prior marriages, or business interests.
Prenuptial Agreements for Second Marriages in Delaware
Prenuptial agreements are legally enforceable in Delaware and become particularly valuable in second marriages where both parties may have accumulated assets, debts, or obligations from prior marriages. A valid prenuptial agreement must be in writing, signed by both parties, and executed voluntarily without coercion. Delaware courts will enforce prenuptial agreements unless they are unconscionable or one party failed to disclose material assets.
Key Provisions for Second-Marriage Prenuptial Agreements
- Definition of separate property each spouse brings to the marriage
- Treatment of appreciation on separate property during the marriage
- Spousal support (alimony) waivers or limitations
- Estate planning provisions, including inheritance rights
- Protection of assets intended for children from prior marriages
- Debt allocation to prevent one spouse from assuming the other's obligations
Second marriages involving children from prior relationships benefit significantly from prenuptial agreements that clarify inheritance expectations and protect assets earmarked for those children. Without a prenuptial agreement, Delaware's equitable distribution laws apply, potentially distributing assets in ways that conflict with obligations to children from a previous marriage.
Child Custody and Support After Remarriage
Remarriage does not automatically modify existing child custody or support orders from your prior divorce under Delaware law. However, a new spouse's income may become relevant in certain circumstances. Under 13 Del.C. § 514, Delaware child support calculations consider the parents' combined income and the number of overnights each parent has with the child.
How Remarriage Can Affect Custody and Support
Delaware courts may consider a modification request if remarriage creates a substantial change in circumstances. For example, if a custodial parent remarries someone with a significantly higher income, the non-custodial parent might request a support modification. However, a new spouse's income is not automatically included in child support calculations — only the biological parents' incomes are directly factored.
Custody arrangements may also be affected if remarriage involves relocation. Delaware requires court approval for relocating a child more than a reasonable distance, and introducing a new stepparent into the home may prompt the other parent to request a custody review if they believe the change affects the child's best interests.
Delaware's Minimum Marriage Age: No Exceptions
Delaware became the first state in the nation to ban child marriage effective May 9, 2018, establishing 18 as the minimum age to marry with no exceptions under 13 Del.C. § 123. This law applies to all marriages, including remarriages after divorce. Delaware does not permit judicial or parental waivers for underage marriage, reflecting the state's commitment to preventing forced or premature marriages.
Filing Locations for Marriage Licenses in Delaware
Delaware's three counties each maintain a Clerk of Peace office where you can apply for a marriage license after divorce. You may apply in any county regardless of where you reside or where your ceremony will take place, though the ceremony must occur within Delaware for the license to be valid.
| County | Location | Contact Hours |
|---|---|---|
| New Castle County | 800 N. French Street, Wilmington | Monday-Friday, 8:30am-4:30pm |
| Kent County | Kent County Administrative Complex, Dover | Monday-Friday, 8:30am-4:30pm |
| Sussex County | 2 The Circle, Room 226, Georgetown | Monday-Friday, 8:30am-4:30pm |
As of December 28, 2025, authorization to marry is no longer required for applicants on probation or parole, simplifying the process for those individuals. Both applicants must appear together, and same-day applications are typically processed while you wait.
Recognition of Out-of-State and International Remarriages
Delaware recognizes valid marriages performed in other U.S. states and most foreign countries under principles of comity and full faith and credit. If you remarry in another state after your Delaware divorce, that marriage will be recognized in Delaware upon your return. Similarly, destination weddings abroad are recognized provided the marriage complied with the laws of the country where it was performed.
For same-gender marriages specifically, Delaware has jurisdiction over divorces for couples married in Delaware even if they now reside in a state that does not recognize same-gender marriage, ensuring access to divorce proceedings regardless of current domicile.
Frequently Asked Questions About Remarriage After Divorce in Delaware
How soon can I remarry after my Delaware divorce is final?
You can remarry immediately after your Delaware divorce is finalized with no waiting period required by state law. Your divorce becomes final when the Family Court judge signs the decree and it is filed with the court, at which point you receive a stamped copy. You may apply for a new marriage license the same day, though you must observe the 24-hour license waiting period before the ceremony.
What documents do I need to get a marriage license after divorce in Delaware?
You need a valid photo ID (driver's license, passport, state ID, or military ID) and a certified copy of your final divorce decree bearing the judge's signature and court seal. If divorced multiple times, bring only the most recent decree. Both applicants must appear together at the Clerk of Peace office. The marriage license costs $50 for Delaware residents or $100 if both applicants are non-residents.
Will my alimony payments stop if I remarry in Delaware?
Yes, under 13 Del.C. § 1512(g), alimony automatically terminates upon remarriage unless your divorce settlement specifically stated otherwise in writing. You have a legal obligation to promptly notify your ex-spouse of your remarriage. Failure to notify may result in claims for repayment of alimony received after the remarriage date.
Does cohabitation affect alimony the same way as remarriage?
Yes, Delaware law treats cohabitation as an alimony termination event equivalent to remarriage. Under 13 Del.C. § 1512(g), cohabitation is defined as regularly residing with an adult partner when the parties hold themselves out as a couple, regardless of financial benefit. Proof of sexual relations is not required to establish cohabitation.
Can my ex-spouse's new marriage affect my child support payments?
A new spouse's income is not automatically included in Delaware child support calculations, which are based on the biological parents' incomes. However, if remarriage substantially changes the financial circumstances of either parent, the other parent may petition the court for a modification under 13 Del.C. § 514. The court will evaluate whether the change warrants adjustment.
Is a prenuptial agreement advisable for a second marriage in Delaware?
Prenuptial agreements are strongly recommended for second marriages, particularly when either spouse has children from a prior marriage, significant assets, or business interests. Delaware courts enforce prenuptial agreements that are written, voluntarily signed, and not unconscionable. A prenuptial agreement can protect assets intended for children and clarify financial expectations.
How long is a Delaware marriage license valid?
A Delaware marriage license remains valid for 30 days from the date of issuance. The ceremony must take place within Delaware during this 30-day window. If the license expires before your ceremony, you must apply for a new license and pay the fee again. The signed license must be returned to the issuing Clerk of Peace within 10 days after the ceremony.
Can I remarry in Delaware if my divorce was granted in another state?
Yes, Delaware grants full faith and credit to divorce decrees from all U.S. states under 13 Del.C. § 103. Present a certified copy of your out-of-state divorce decree when applying for your Delaware marriage license. The Clerk of Peace will verify and accept the document. International divorces may require additional verification depending on the country.
Does remarriage affect custody arrangements in Delaware?
Remarriage does not automatically change custody orders, but either parent may petition for modification if the remarriage creates a substantial change in circumstances affecting the child's best interests. Introducing a stepparent into the home, potential relocation, or changes in household dynamics may prompt a custody review if requested by the other parent.
What is the minimum age to remarry in Delaware?
The minimum age to marry in Delaware is 18 with no exceptions, making it the first state to completely ban child marriage effective May 9, 2018. This applies equally to first marriages and remarriages after divorce. No judicial waiver, parental consent, or pregnancy exception can lower this minimum age requirement under 13 Del.C. § 123.
Next Steps for Remarriage After Divorce in Delaware
Delaware's straightforward remarriage rules make starting your next chapter relatively simple once your divorce is finalized. Remember these key points: obtain a certified copy of your divorce decree, appear together with your partner at any Clerk of Peace office, pay the $50 fee (for residents), and observe the 24-hour waiting period before your ceremony. Consider consulting with a family law attorney if your situation involves significant assets, children from prior marriages, or complex alimony arrangements. The Delaware Family Court website at courts.delaware.gov provides free downloadable forms and additional resources for self-represented individuals.
As of April 2026, verify all fees and requirements with your local Clerk of Peace office, as court fees and procedures may change.