Legal Separation and Annulment in Delaware
Whether Delaware offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: The Family Court grants an annulment when a spouse lacked capacity to consent (mental incapacity, alcohol or drugs), could not consummate the marriage and the other did not know, was underage and did not confirm the marriage after reaching legal age, relied on fraud going to the essence… 13 Del. C. § 1506
| Annulment | The Family Court grants an annulment when a spouse lacked capacity to consent (mental incapacity, alcohol or drugs), could not consummate the marriage and the other did not know, was underage and did not confirm the marriage after reaching legal age, relied on fraud going to the essence of the marriage, married under duress, married as a jest or dare, or the marriage is prohibited and void or voidable by law. Most grounds must be raised within 90 days after learning of the problem; inability to consummate within 1 year; being underage within 1 year of the marriage. Children of an annulled marriage are legitimate. Re-verified 2026-10-27. Source: 13 Del. C. § 1506 |
|---|
Where to get help in Delaware
More Delaware divorce & family law
- Getting a Marriage License in Delaware
- Adopting a Child in Delaware
- Guardianship of a Child or Adult in Delaware
- Changing Your Name in Delaware
- Child Custody Laws in Delaware
- How Child Support Is Calculated in Delaware
- Divorce Records in Delaware
- Alimony and Spousal Support in Delaware
- How to File for Divorce in Delaware
- All Delaware divorce & family law rules
FAQ
What are the grounds for annulment in Delaware?
The Family Court grants an annulment when a spouse lacked capacity to consent (mental incapacity, alcohol or drugs), could not consummate the marriage and the other did not know, was underage and did not confirm the marriage after reaching legal age, relied on fraud going to the essence of the marriage, married under duress, married as a jest or dare, or the marriage is prohibited and void or voidable by law. Most grounds must be raised within 90 days after learning of the problem; inability to consummate within 1 year; being underage within 1 year of the marriage. Children of an annulled marriage are legitimate.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.