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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Terms Used In Delaware Code Title 11 Sec. 1002

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.