Delaware § 120 Marriage license application; appearance of parties; exception

Delaware Statutes

§ 120 — Marriage license application; appearance of parties; exception

Delaware § 120

Title13

Ch. 1MARRIAGE

Subch.General Provisions

This text of Delaware § 120 (Marriage license application; appearance of parties; exception) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 13, § 120 (2026).

Text

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 physici

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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.

Legislative History

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