Delaware
Delaware Annulment Laws: Grounds, Deadlines and How to File (2026)
Independently fact-checked against primary sources (last audited October 8, 2026). · 5 primary sources cited on this page. How we verify our legal content
Yes. Delaware's Family Court can grant a decree of annulment under 13 Del. C. § 1506, part of the Delaware Divorce and Annulment Act. Section 1506 lists the grounds, who may file on each, and the deadline, which for most grounds is 90 days or one year after the petitioner learned of the problem.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers civil annulment under the Delaware Divorce and Annulment Act, 13 Del. C. ch. 15 (§§ 1501, 1503, 1504, 1506, 1507, 1512, 1513 and 1514), and the marriage provisions in 13 Del. C. ch. 1 (§§ 101, 105 and 123), with § 327 on premarital agreements. It does not cover divorce in depth, religious annulment, how alimony amounts are set, or other states' law. For divorce, see Delaware divorce laws.
What Delaware calls an annulment
Delaware handles annulment in the same chapter as divorce. Section 1501 provides: "This chapter shall be known and may be cited as the 'Delaware Divorce and Annulment Act.'" Section 1506 sets out the grounds for a decree of annulment, who may seek one, and the time limits.
Because the statute pairs each ground with its filers and deadline, the table below follows its structure.
Grounds for annulment in Delaware (13 Del. C. § 1506)
| Ground (§ 1506(a)) | Who may file | Deadline | What else bars the claim |
|---|---|---|---|
| (1) Lack of capacity to consent when the marriage was solemnized, because of mental incapacity or infirmity, or the influence of alcohol, drugs or other incapacitating substances | Either party aggrieved by the condition, or the legal representative of the party who lacked capacity | No later than 90 days after the petitioner obtained knowledge of the condition (§ 1506(b)(1)) | No petition after the death of either party, except claims under § 1506(b)(4) |
| (2) Lack of physical capacity to consummate the marriage by sexual intercourse, where the other party did not know of it at the time of the marriage | Either party | No later than 1 year after the petitioner obtained knowledge of the condition (§ 1506(b)(2)) | The other party's knowledge at the time of the marriage defeats the ground; death of either party |
| (3) A party was less than legal age, if the marriage was not confirmed by that party after reaching legal age | The underaged party, or that party's parent or guardian | No later than 1 year after the date the marriage was entered into (§ 1506(b)(3)) | Confirmation of the marriage after reaching legal age; death of either party |
| (4) Fraud: one party entered the marriage in reliance on a fraudulent act or representation of the other that "goes to the essence of the marriage" | Either party aggrieved | No later than 90 days after the petitioner obtained knowledge (§ 1506(b)(1)) | Filing deadline; death of either party |
| (5) Duress exercised by the other party or a third party, "whether or not such other party knew of such exercise of duress" | Either party aggrieved | No later than 90 days after the petitioner obtained knowledge (§ 1506(b)(1)) | Filing deadline; death of either party |
| (6) One or both parties entered the marriage "as a jest or dare" | Either party aggrieved | No later than 90 days after the petitioner obtained knowledge (§ 1506(b)(1)) | Filing deadline; death of either party |
| (7) The marriage is prohibited and void or voidable under § 101 | Either party; the legal spouse in a bigamous, polygamous or incestuous marriage; the appropriate state official; or a child of either party | Any time before the death of either party, before final settlement of the estate and discharge of the personal representative, or before 6 months after an order of distribution under Chapter 23 of Title 12 (§ 1506(b)(4)) | The timing limits in § 1506(b)(4) |
For grounds (1) through (6), no annulment may be sought after the death of either party (§ 1506(b)); only ground (7) has the later deadlines in § 1506(b)(4).
The 90-day clock is short and runs from when the petitioner learned of the condition, not from the wedding date. For an underage marriage, the 1-year clock runs from the date of the marriage.
Void marriages under 13 Del. C. § 101
Section 101(a) makes certain family marriages void:
"A marriage is prohibited and void between a person and such person's ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin."
Section 101(b) covers marriages that are "void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party." Paragraphs (1) through (5) of that subsection are marked "[Repealed]." The one paragraph that remains, (b)(6), concerns a party who is divorced, unless the paragraph's requirement about a certified copy of the divorce decree is met. A marriage in that category stands until a court declares it void.
Annulment ground (7) in section 1506(a) refers back to section 101, and section 1506(b)(4) names bigamous, polygamous and incestuous marriages when it lists who may file. For marriages formed without a ceremony, see Delaware common-law marriage.
Underage marriage in Delaware
Section 123(a) provides: "No individual under the age of 18 shall be granted a marriage license." The provision, as read, contains no parental-consent or court exception. It was enacted through House Bill 337 of the 149th General Assembly, codified as 81 Del. Laws c. 235.
The annulment statute still lists "less than legal age" as a ground (§ 1506(a)(3)), with a 1-year deadline and a bar if the party confirmed the marriage after reaching legal age (§ 1506(b)(3)).
How to file for an annulment in Delaware
Court and residency. Section 1504(a) gives the Family Court "jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action." Section 1503(1) defines "actually resided" to mean was domiciled. Section 1504 also has a special rule for same-gender marriages solemnized in Delaware.
The petition. Under section 1507, the case starts with a verified petition in the Family Court. The statute uses a combined caption, "PETITION FOR DIVORCE (OR ANNULMENT)."
Self-help. The Delaware Family Court's divorce and annulment page has an overview and instruction packets for filing.
Property, alimony and children after an annulment
Property. Section 1513(a) applies equitable distribution to annulment: "In a proceeding for divorce or annulment, the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct." Section 1506(d) adds that the chapter's provisions "relating to the property rights of spouses are applicable to annulment."
Alimony. Section 1512 applies to annulment actions: the court may award interim alimony to a dependent party while the case is pending (§ 1512(a)), and alimony after the decree only to a party who is a dependent party under § 1512(b). For how alimony is decided, see Delaware alimony laws.
Children. Section 1506(c) provides: "Children born of an annulled marriage are legitimate." Section 105 also deems children of void or voidable marriages legitimate.
Retroactive effect. The same subsection provides: "Marriages annulled under this section shall be so declared as of the date of the marriage."
Name. Under section 1514, "The Court, upon the request of a party by pleading or motion, may order that such party resume a maiden or former name."
Premarital agreements. If a marriage is determined to be void, a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result (13 Del. C. § 327).
This article does not cover putative-spouse claims in Delaware.
Annulment vs. divorce in Delaware
An annulment declares a marriage void as of its date on one of the grounds in section 1506. A divorce ends a valid marriage on the grounds in section 1505. Both use the same Family Court, the same 6-month residency test in section 1504(a), and the same property-division rule in section 1513(a). For divorce grounds and procedure, see Delaware divorce laws.
A church or religious annulment and a court annulment are separate processes; one does not take the place of the other. For certified copies of marriage or divorce records, see Delaware marriage and divorce records.
Disclaimer: This article provides general legal information about civil annulment under the Delaware Divorce and Annulment Act, 13 Del. C. ch. 15, and 13 Del. C. ch. 1. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Delaware or the Delaware Family Court's self-help resources.
Related
- Annulment laws in every state
- Delaware divorce laws
- Delaware common-law marriage
- Delaware alimony laws
- Delaware marriage and divorce records
Last updated: 2026-10-08.
Frequently Asked Questions
Can you get an annulment in Delaware?
Yes. The Family Court can grant a decree of annulment on the grounds listed in 13 Del. C. § 1506(a), including lack of capacity, fraud going to the essence of the marriage, duress, a jest or dare, underage marriage, and marriages prohibited by § 101.
How long do you have to get an annulment in Delaware?
For lack of capacity, fraud, duress, or a jest or dare, no later than 90 days after learning of the condition (13 Del. C. § 1506(b)(1)). Inability to consummate allows 1 year after learning of it, and an underage marriage 1 year after the wedding (§ 1506(b)(2), (3)).
Is fraud grounds for annulment in Delaware?
Yes, if a party married in reliance on a fraudulent act or representation of the other party that goes to the essence of the marriage (13 Del. C. § 1506(a)(4)). The petition must be filed within 90 days after learning of the fraud (§ 1506(b)(1)).
Do you have to live in Delaware to get an annulment?
The Family Court has jurisdiction when either spouse actually resided in Delaware, or was stationed there with the armed forces, continuously for 6 or more months before filing (13 Del. C. § 1504(a)).
Are children of an annulled marriage legitimate in Delaware?
Yes. 13 Del. C. § 1506(c) provides that children born of an annulled marriage are legitimate, and § 105 deems children of void or voidable marriages legitimate.
Can you get alimony or property after an annulment in Delaware?
The Family Court may award a dependent party interim alimony while the case is pending and alimony after the decree (13 Del. C. § 1512(a), (b)) and, on request, equitably divides marital property in an annulment (§ 1513(a)).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Delaware Code, Title 13 (Domestic Relations), Chapter 015 (DIVORCE AND ANNULMENT)
§ 1506Annulment.In force
(a) The Court shall enter a decree of annulment of a marriage entered into under any of the following circumstances: (1) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity, or because of the influence of alcohol, drugs or other incapacitating substances; (2) A party lacked the physical capacity to consummate the marriage by sexual intercourse and the other party did not, at the time the marriage was solemnized, know of the incapacity; (3) A party was less than legal age, if the marriage was not confirmed by such party after reaching legal age; (4) One party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage; (5) One or both parties entered into the marriage under duress exercised by the other party, or a third party, whether or not such other party knew of such exercise of duress; (6) One or both parties entered into the marriage as a jest or dare; or (7) The marriage is prohibited and void or voidable as provided in § 101 of this title.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
§ 1504Jurisdiction; residence; procedure.In forcecited in 2 of our articles
(a) The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. Notwithstanding the immediately preceding sentence, in addition to any other basis for jurisdiction it may otherwise have, the Family Court of this State has jurisdiction over all proceedings for divorce and annulment of same-gender marriages that are solemnized in this State or created by conversion of civil unions pursuant to the laws of this State, notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Bruce E.M. v. Dorothea A.M. (Supreme Court of Delaware 1983, 455 A.2d 866)“…which may not be circumvented by what the husband did here. 13 Del.C. §§ 1504(b) and 1507(b)(1). To permit him to see…”
- M.T.L. v. T.P.L. (Supreme Court of Delaware 1980, 414 A.2d 510)“…on. DuPont v. DuPont, Del.Supr., 216 A.2d 674 (1966). 13 Del.C. § 1504(a) 1 confers subject matter jurisdicti…”
- Wife W. v. Husband W. (Supreme Court of Delaware 1977, 376 A.2d 87)“…he phrase “actually resided in this State” as it appears in 13 Del.C. § 1504(a), 1 and defined as meaning “domicile…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Delaware Divorce Laws (2026): Grounds, Residency, and Process
§ 1513Disposition of marital property; imposition of lien; insurance policies.In forcecited in 3 of our articles
(a) In a proceeding for divorce or annulment, the Court shall, upon request of either party, equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct, in such proportions as the Court deems just after considering all relevant factors including: (1) The length of the marriage; (2) Any prior marriage of the party; (3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; (4) Whether the property award is in lieu of or in addition to alimony; (5) The opportunity of each for future acquisitions of capital assets and income; (6) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker, husband, or wife; (7) The value of the property set apart to each party; (8) The economic circumstances of each party at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the party with whom any children of…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 103 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank G.W. v. Carol M.W. (Supreme Court of Delaware 1983, 457 A.2d 715)“…noted that “the growth in value would also be non-marital. 13 Del.C. § 1513(b)(3).” Thus, the former thought any ap…”
- Forrester v. Forrester (Supreme Court of Delaware 2008, 953 A.2d 175)“…lso one of first impression before this Court. Under 13 Del. C. § 1513, “all property acquired by either party…”
- Jerry L. C. v. Lucille H. C. (Supreme Court of Delaware 1982, 448 A.2d 223)“…y Court Judge, after balancing all of the factors listed in 13 Del.C. § 1513 and § 1512, determined that the wife wa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Delaware Code, Title 13 (Domestic Relations), Chapter 001 (MARRIAGE)
§ 101Void and voidable marriages.In forcecited in 3 of our articles
(a) A marriage is prohibited and void between a person and such person’s ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin. (b) A marriage is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is: (1)-(5) [Repealed.] (6) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the clerk of the peace to whom such person makes application for a marriage license, and unless such person may in other respects lawfully marry; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph (b)(6) may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree; (7)…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- State v. SHARON H. (Superior Court of Delaware 1981, 429 A.2d 1321)“…have no bearing in a prosecution brought pursuant to 13 Del.C. §§ 101(a)(1) 4 and 102. The appel…”
- Saunders v. Saunders (Superior Court of Delaware 1956, 49 Del. 515)“…arriage and divorce. The Statute involved appears at 13 Del. C. § 101. 1 By § 101(a), it is prov…”
- Keller-Minus v. Pakston (Supreme Court of Delaware 2019)“…t Peter and Lydia’s marriage should be declared void under 13 Del. C. § 101(b). (4) After briefing and a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Delaware: Is It Recognized? (2026), Delaware Marriage License Requirements 2026: 24-Hour Wait, Fees
§ 123Marriage of minors; consent forms.In forcecited in 3 of our articles
(a) No individual under the age of 18 shall be granted a marriage license. (b)-(f) [Repealed.]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- S.L. v. A.L. (Delaware Family Court 1999, 735 A.2d 433)“…tors in making its ruling: the age of majority in Delaware; 13 Del. C. § 123 (noting that age is not a "disability”…”
- Sl v. Al (Delaware Family Court 1999, 735 A.2d 433)“…tors in making its ruling: the age of majority in Delaware; 13 Del. C. § 123 (noting that age is not a "disability"…”
- Samluk v. Gorecki Ex Rel. Samluk (Superior Court of Delaware 1970, 265 A.2d 46)“…0 A.2d 468 (1952). The pertinent Delaware statute (13 Del. C. § 123(b) and provisions thereof relating to t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Delaware Emancipation Laws: How Minors Become Emancipated in Delaware (2026)
§ 105Status of children of prohibited marriages.In force
Children of void or voidable marriages shall be deemed to be legitimate.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at delcode.delaware.gov
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Sources and References
- 13 Del. C. ch. 15, Delaware Divorce and Annulment Act (§§ 1501-1523, incl. § 1506 annulment)(delcode.delaware.gov).gov
- 13 Del. C. ch. 1, subch. I (§§ 101, 105, 123: prohibited marriages, legitimacy, minimum age)(delcode.delaware.gov).gov
- Delaware General Assembly, House Bill 337 (149th GA), bill text(legis.delaware.gov).gov
- Delaware Family Court: Divorce and Annulment(courts.delaware.gov).gov
- 13 Del. C. ch. 3, subch. II, Premarital Agreements (§ 327, void marriage)(delcode.delaware.gov).gov