(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.
(b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:
(1)-(5) [Repealed.]
(6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree;
(7) On probation or parole from any court or institution, unless such person first files with the clerk of the peace to whom such person makes application for a marriage license a written consent to such person's proposed marriage from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully marry.
(c) [Repealed.]
(d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State.
(e) For all purposes of the laws of this State, 2 persons of the same gender who are parties to a legal union other than a marriage (whether designated as a civil union, a domestic partnership or another relationship) established in another jurisdiction shall be afforded and shall be subject to the same rights, benefits, protections, responsibilities, obligations and duties as are afforded and imposed upon married spouses (whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) if:
(1) Such legal union was validly entered into in such other jurisdiction;
(2) Such legal union would not be prohibited as a marriage by reason of subsection (a) of this section; and
(3) Such legal union affords and imposes on such individuals under the laws of the jurisdiction establishing such union substantially the same rights, benefits, protections, responsibilities, obligations and duties as a marriage.
Structure Delaware Code
Subchapter I. General Provisions
§ 101. Void and voidable marriages.
§ 102. Entering into a prohibited marriage; penalty.
§ 103. Issuing license for or solemnizing prohibited marriage; penalty.
§ 104. Entering into prohibited marriage outside the State; penalty.
§ 105. Status of children of prohibited marriages.
§ 106. Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty.
§ 107. Marriage licenses; obtaining and delivery.
§ 108. Fee for issuing marriage licenses; prohibition of other charges.
§ 109. Licenses issued by the clerk of the peace.
§ 110. Limitations on issuance of license.
§ 111. Establishing validity of papers submitted by applicants; filing and inspection.
§ 112. Violations by clerk of the peace; penalties.
§ 113. Supplies of marriage licenses, books and other forms; form.
§ 114. Retention of marriage license by celebrant.
§ 115. Forms for marriage license; certificates of marriage.
§ 116. Duties of officer issuing marriage license.
§ 117. Forms to be sent to clerk of the peace; duties of the clerk.
§ 118. Failure to return certificate of marriage to clerk of the peace for recording; penalty.
§ 119. Public records; evidence.
§ 120. Marriage license application; appearance of parties; exception.
§ 121. Identification of applicants not known to issuing officer as residents of State.
§ 122. Marriage license application.
§ 123. Marriage of minors; consent forms.
§ 124. Administration of oaths.
§ 125. Validity of marriages performed prior to March 20, 1913.
§ 126. Validity of common-law or other lawful marriages.