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Common Law Marriage in Delaware

Delaware courts have held that a common law (nonceremonial) marriage entered into in Delaware is not valid, even though 13 Del. C. 126 says failing to get a license does not by itself invalidate an otherwise lawful common law marriage.

Last checked . General information, not legal advice.

Delaware at a glance

New common law marriages allowed
No, never recognized
Cutoff date
Never recognized
A 1921 Delaware court in banc opinion held that the common law of marriage was never adopted in Delaware.
Requirements
Not available

Sources

Last checked

The rules in Delaware

Can a couple form a common law marriage in Delaware today?

No, never recognized. New common law marriages allowed in Delaware: no, never recognized.

When did Delaware stop recognizing new common law marriages?

Cutoff date in Delaware: Never recognized. A 1921 Delaware court in banc opinion held that the common law of marriage was never adopted in Delaware.

What are the requirements for a common law marriage in Delaware?

Requirements in Delaware: Not available.

Where do the Delaware common law marriage laws come from?

The rules above come from 13 Del. C. 126 and Wilmington Trust Co. v. Hendrixson, 114 A. 215 (Del. Super. 1921). Each source is linked on this page. We last checked them in October 2026.

Good to know

13 Del. C. 126 states that nothing in the marriage chapter makes a common law or other marriage, otherwise lawful, invalid for lack of a license; the court in Wilmington Trust Co. v. Hendrixson still held nonceremonial marriages formed in Delaware void.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.