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The Delaware Civil Union Law goes into effect at 10 am on Sunday January 1, 2012 (New Year's Day). As soon as the law goes into effect on January 1, 2012, the state of Delaware will treat your out-of-state marriage, civil union, or substantially similar legal relationship, such as a California registered domestic partnership, as a civil union.
Under Delaware’s new law, a civil union is a legally recognized relationship of two people. Only same-sex couples can enter into a civil union in Delaware. A couple in a civil union will receive all the legal benefits and protections, and be subject to the same legal responsibilities, as are provided under Delaware law to married couples.
Bring CASH! The cost of applying for a civil union license is $50 for residents of Delaware and $75 for non–residents (checks/ credit/ debit cards may not be accepted).
Yes. There also is a mandatory one-day waiting period between the time a license is issued and a civil union ceremony can take place. A Clerk of the Peace may waive or shorten the waiting period for good cause, and the New Castle County Clerk of the Peace may make these waivers available to allow couples to start entering into civil unions right away.
Yes. The civil union license is valid for 30 days and only in Delaware, which means that your civil union ceremony must take place within Delaware. There is a mandatory one-day waiting period before the license becomes effective, which may be waived by a Clerk of the Peace for good cause.
No. You do not need to be a Delaware resident in order to enter into a civil union in Delaware.
You may enter into a civil union if:
Yes. Both parties must appear in person to fill out an application for a license to enter into a civil union. Applications are available at a Clerk of the Peace office.
Bring with you a form of identification, such as a birth certificate, driver’s license, or passport.
If you previously have been married or in a civil union, you also should bring proof, in case the clerk asks to see it, that you are no longer married or in the prior civil union, such as a copy of your divorce or dissolution decree with a raised seal, or, if applicable, the death certificate of your deceased spouse or partner. If you live outside Delaware, the clerk may ask you to sign a form stating that you are not in a substantially similar legal relationship in another state.
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