Delaware Code Title 11 Sec. 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;
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.