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§ 1002 — Delaware Law | CourtGPT
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  3. Delaware/
  4. Title 11 - Crimes and Criminal Procedure/
  5. Chapter 5 - Specific Offensessub/
  6. Subchapter IV - Offenses Relating to Marriage§ 1001. Bigamy; Class G Felony/
  7. § 1002
Delaware Legal Code

§ 1002

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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;