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Current as of January 01, 2026 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 1002. Bigamy; defenses - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-1002/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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