Delaware Divorce Guide

Get an Annulment in Delaware

Why guess? Get the answer to your questions and stop worrying!

A petition for a marriage annulment carries with it the same filing requirements that divorces do. If the petition is contested (the person responding to the petition challenges material information in the petition by filing an answer), the matter will automatically be scheduled for a hearing. If the person responding to the petition does not file an answer within 20 days of receiving the Petition for annulment OR files an answer agreeing with the request for a Delaware divorce, the petition is uncontested.

When the petition is uncontested, the Petitioner (the person filing the petition) can choose what type of divorce proceeding he/she would like to have. The Petitioner may request that the Court decide the Petition for annulment based solely on the papers that are filed by both sides, without the parties appearing in Court for a hearing; OR The Petitioner may choose to have the Court decided the Petition for Annulment after holding a hearing that the Petitioner must attend and the Respondent may attend. Grounds for an annulment include:

  • A party lacked capacity to consent to the marriage at the time of the marriage
  • A party lacked the physical capacity to consummate the marriage
  • A party was less than legal age (underage)
  • One party entered into the marriage in reliance upon a fraudulent act or representation
  • One or both parties entered into the marriage under duress or one or both parties entered into the marriage as a joke or dare
Where should you file?
  • If your goal is to get an annulment or divorce from a marriage, you must file your Petition in the county either you or your spouse lives in

For in-state civil unions: If you and your spouse do not reside in Delaware, and your state of residence does not allow civil unions to be dissolved and your civil union was solemnized in Delaware, you must file for an annulment in this state in the county in which one of you last resided.

If there is a chance your Ex will try to manipulate you or the kids with the visitation schedule, put an on-line Parenting Plan in place. Nothing stops the game-playing like a schedule in black and white. Simply tell your Ex that in order for the schedule to be changed, it must be discussed and agreed to; otherwise it is not changing.

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