A marriage can be annulled if it was entered into as a joke or dare

The Short Answer

Under Delaware Code Title 13, Chapter 15, Section 1506(a)(6), Delaware courts shall enter a decree of annulment when one or both parties entered into the marriage "as a jest or dare." The aggrieved spouse must file for annulment within 90 days of discovering the true nature of the marriage.

The Full Story

Delaware's marriage annulment statute recognizes that a valid marriage requires genuine consent from both parties. The "jest or dare" provision acknowledges that some people might be pressured into marriage by peers or enter into marriage as a prank, without genuine intent to establish a lasting marital relationship.

This provision reflects a broader legal principle: marriage requires serious, intentional consent. If someone marries on a dare or as a joke—without intending the marriage to be legally binding—Delaware law provides a mechanism to undo that marriage quickly through annulment rather than requiring a full divorce proceeding.

Notably, this is one of the few marriage annulment grounds that can be claimed by either spouse who participated in the jest or dare. The 90-day filing requirement ensures that frivolous marriages are addressed expeditiously.

Common Misconceptions

Many people misstate this as "it's illegal to get married on a dare in Delaware," but the law does not criminalize dare marriages — it simply provides legal grounds to have such a marriage annulled. The petitioner must file within 90 days of learning about the jest or dare. Colorado is the only other U.S. state with a similar specific statutory provision, though several states recognize jest or dare as annulment grounds through case law.

Actual Legal Text

A court shall enter a decree of annulment of a marriage entered into under any of the following circumstances: ... (6) One or both parties entered into the marriage as a jest or dare. — 13 Del. C. § 1506(a)(6)