2012 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 5. SPECIFIC OFFENSES
Subchapter IV. Offenses Relating to Marriage
§ 1002. Bigamy; defenses.
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.
11 Del. C. 1953, § 1002; 58 Del. Laws, c. 497, § 1; 70 Del. Laws, c. 186, § 1.;
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