Delaware § 1002 Bigamy; defenses

Delaware Statutes

§ 1002 — Bigamy; defenses

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Relating to Marriage

In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage:

(1)The accused believed, after diligent inquiry, that the prior spouse was dead; or

(2)The parties to the former marriage had been living apart for 7 consecutive years throughout which the accused had no reasonable grounds to believe that the prior spouse was alive; or

(3)A court in any American or foreign jurisdiction had entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the accused did not know that judgment to be invalid; or

(4)The accused otherwise reasonably believed that the accused was legally eligible to remarry.

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In any prosecution for bigamy it is a defense that, at the time of the allegedly bigamous marriage:

(1) The accused believed, after diligent inquiry, that the prior spouse was dead; or

(2) The parties to the former marriage had been living apart for 7 consecutive years throughout which the accused had no reasonable grounds to believe that the prior spouse was alive; or

(3) A court in any American or foreign jurisdiction had entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the accused did not know that judgment to be invalid; or

(4) The accused otherwise reasonably believed that the accused was legally eligible to remarry.

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