Excerpts of Delaware Marriage Laws Disclaimer: This document is for informational and illustrative purposes only. It includes only partial excerpts of the statutes and should not be relied on in any way for determining your legal rights and/or status. You should contact a qualified attorney for legal advice. § 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. . . . (see Delaware Code for full version) . . . (d) A marriage obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the State. § 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. § 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.