Common Law Marriage in Delaware
State-specific overview · Family Law
Delaware does not recognize common law marriage created after 1975, though it honors those validly created before that date.
How Delaware treats Common Law Marriage
Delaware abolished common law marriage effective January 1, 1975, and no longer permits new common law marriages to be formed. Couples must obtain a marriage license and have the marriage solemnized by an authorized official. Delaware recognizes common law marriages that were validly established before 1975 and common law marriages validly created in other states. This cutoff date is important for determining the validity of older relationships.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Delaware.