By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 26, 2023
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State laws regulate the institution of marriage, which includes annulment and certain restrictions on who may get married. Annulment is the legal process of invalidating a marriage. It is different from divorce in that it has the effect of "erasing" the marriage. In a civil annulment, a court rules on whether a marriage was legally valid to begin with. Laws in Delaware prohibit bigamy and marriages between closely related family members.
The following chart highlights the main provisions of Delaware's laws that are related to civil annulments and prohibited marriages. See FindLaw's Marriage Law Overview section for additional articles and resources.
| Prohibited Marriages |
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| Grounds for Annulment | Under § 1506, the following are grounds upon which someone may pursue a civil annulment:
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| Time Limits for Obtaining Annulment | Under the Delaware Code, the following are the time limits for seeking a civil annulment:
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| Legitimacy of Children | Children that are born to annulled marriage are considered legitimate. |
An annulment is conceptually different from a divorce. An annulment, rather than dissolving a marriage that is broken, requires a determination by the judge that the union was never valid in the first place. The difference is subtle but significant. The "grounds for divorce" establish that a marriage is broken, while the "grounds for an annulment" explain why the marriage wasn't legal to begin with.
If you would like to know more about the possibility of an annulment, there are many attorneys throughout Delaware with family law experience who may be able to help. In addition to letting you know whether you qualify for an annulment, they may be able to help you through the divorce process if that is your only option.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
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