Marriage
Title 13, Chapter1
101. Void and voidable marriages
(a) A marriage is prohibited and void between a person and his or her ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin or between persons of the same gender.
102. Entering into a prohibited marriage; penalty.
The guilty party or parties to a marriage prohibited by § 101 of this title shall be fined $100, and in default of the payment of the fine shall be imprisoned not more than 30 days. (This includes Clergy that performs prhibited marriages folks.)
103. Issuing license for or solemnizing prohibited marriage; penalty.
Whoever, being authorized to issue a marriage license, knowingly or willfully issues a license for a marriage prohibited by this chapter or, being authorized to solemnize a marriage, knowingly or willfully assists in the contracting or solemnizing of a prohibited marriage, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days.
104. Entering into prohibited marriage outside the State; penalty. If a marriage prohibited by this chapter is contracted or solemnized outside of the State, when the legal residence of either party to the marriage is in this State, and the parties thereto shall afterwards live and cohabit as spouses within the State, they shall be punished in the same manner as though the marriage had been contracted in this State.
106. Solemnization of marriages; production of license; penalty; registration of persons authorized to solemnize marriages.
(a) A clergyperson or minister of any recognized religion, current and former members of this State's Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, Justice of the Peace Court, federal Judges, federal Magistrates, and the several clerks of the peace of various counties may solemnize marriages between persons who may lawfully enter into the matrimonial relation.
(d) Whoever, not being authorized by this section, solemnizes a marriage, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days, and such marriage shall be void, unless it is in other respects lawful and is consummated with the full belief of either of the parties in its validity.
107. Marriage licenses; obtaining and delivery.
(b) The license must be delivered to the person who is to officiate before the marriage can be lawfully performed. If the marriage is to be performed by or before any religious society, the license shall be delivered to the religious society or any officer thereof who is duly qualified according to § 106 of this title.
(c) A marriage license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to marry within 30 days from the date of its issuance. In the event the marriage ceremony is not performed within 30 days, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to marry. No refund or rebate shall be given for the unused license, nor shall said license be reinstated or postdated. The procedure to secure another license shall be the same as that provided for the initial application.
114. Retention of marriage license by celebrant.
The person performing the marriage ceremony shall retain the original or a copy of the marriage license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.
117. Forms to be sent to clerk of the peace; duties of the clerk.
(a) The person performing the marriage shall, within 4 days after the ceremony, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe.
(b) The clerk of the peace shall immediately enter in the Marriage Record Book, as prescribed by the Department of Health and Social Services, the date of the marriage and the name of the person performing the ceremony.
118. Failure to return certificate to clerk of the peace; penalty. If any person officiating at a marriage fails to return the certificate to the office of the issuing clerk of the peace within 4 days, such person shall be fined $25.
128. Performance of marriage ceremony in violation of chapter; false certificate of marriage; penalties.
Any person or religious society having authority to solemnize marriages who performs a marriage ceremony without the presentation of a license issued pursuant to this chapter, or who performs the same prior to the expiration of 96 hours from the time of the issuance of the license when both parties are nonresidents of the State or prior to the expiration of 24 hours from the time of the issuance of the license when 1 or both parties are residents of the State or more than 30 days after the time of the issuance of the license, shall be imprisoned not more than 6 months or fined not more than $500, or both. Any person or religious society having authority to solemnize marriages who shall make any false certificate of marriage shall be fined $100.
