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 of each other according to the form prescribed in § 122 of this title to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed marriage exists. In the case of critical illness of 1 of the parties desiring to marry, the physician attending such party may appear for the ill party and make an application for a marriage license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully marry. The application for the marriage license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.
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.