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Delaware Annulment and Prohibited Marriage Laws


More Information on Annulment and Prohibited Marriage Laws

Code SectionTit. 13 §1506, 101, 1301
Grounds for AnnulmentInnocent party may demand for unsoundness of mind, influence of alcohol, drugs, etc.; physical incapacity to consummate; underage without consent of parents; fraud; duress; jest; dare; bigamy; polygamy; incestuous
Time Limits for Obtaining AnnulmentLack of capacity, fraud, duress, jest or dare: Within 90 days of obtaining knowledge; Inability to consummate: 1 yr. after knowledge obtained; Underage: Within 1 yr. of marriage; Prohibited: Anytime before death of either party or prior to settlement of estate
Legitimacy of ChildrenChildren born of annulled marriage are legitimate
Prohibited MarriagesBetween person and ancestor, descendant, brother, sister, uncle, aunt, niece, nephew, first cousin; patient in mental hospital; person of any degree of unsoundness of mind, habitual drunkard, confirmed users of narcotics, one party has communicable disease, not divorced, marriage between paupers.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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