Delaware Annulment Laws

Code Section
Tit. 13 §1506, 101, 1301

Grounds
Innocent 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

Limitations
Lack 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 Children
Children born of annulled marriage are legitimate

Prohibited Marriages
Between 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.


Inside Delaware Annulment Laws