Delaware Marriage Laws | § 120 | Marriage License Application; Appearance Of Parties; Exception. Marriage Laws

Delaware Code 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 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.

(27 Del. Laws, c. 84, § 15; 27 Del. Laws, c. 261, § 6; Code 1915, § 2997; 32 Del. Laws, c. 182, § 1; 34 Del. Laws, c. 195, § 2; Code 1935, § 3490; 13 Del. C. 1953, § 120; 54 Del. Laws, c. 126, § 13; 70 Del. Laws, c. 186, § 1.;)

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More Delaware Marriage Laws

§ 106 Individuals authorized to solemnize marriages; requirements to solemnize marriage; penalty.
§ 127 False statement; penalty.
§ 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.
§ 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.
§ 114 Retention of marriage license by celebrant.
§ 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.
§ 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.
§ 112 Violations by clerk of the peace; penalties.
§ 107 Marriage licenses; obtaining and delivery.
§ 113 Supplies of marriage licenses, books and other forms; form.
§ 115 Forms for marriage license; certificates of marriage.
§ 120 Marriage license application; appearance of parties; exception.
§ 128 Performance of marriage ceremony in violation of chapter; false certificate of marriage; penalties.
§ 129 Equal treatment of marital relationships.