Common Law Marriage in Delaware
Delaware does not recognize new common law marriages.
Not recognized
In Delaware, new common law marriages are not recognized.
No new common law marriage
Delaware does not create marriages by cohabitation. No matter how long a couple lives together or what they call each other, they are not married under Delaware law unless they go through a formal ceremony or obtain a valid marriage license. A valid common law marriage made in another state is still recognized here (see below).
Recognition from other states
Under the U.S. Constitution Full Faith and Credit Clause, every state — including Delaware — recognizes a valid common law marriage that was properly formed in another state. Moving across state lines does not undo a real marriage.
Source
Delaware does not recognize new common law marriages; it recognizes a valid out-of-state common law marriage under the Full Faith and Credit Clause (verified 2026-06)