Title 15, Title 15: Domestic Relations

§ 8. Marriage definition Marriage is the legally recognized union of two people. When used in this chapter or in any other statute, the word “marriage” shall mean a civil marriage. Terms relating to the marital relationship or familial relationships shall be construed consistentl…

§ 102. Complaint by wife to sell real estate When a married man is incapacitated for supporting his family, or deserts, neglects, or abandons his wife, or by ill-usage or criminal conduct gives her cause to live apart from him, or is committed to the Commissioner of Corrections, …

§ 103. Determination of amount contributed to property by husband; sole and separate deed of wife If it appears to the presiding judge that such real estate was acquired by such married woman, in whole or in part, otherwise than by gift or conveyance from her husband, and otherwi…

§ 104. Proceedings on complaint and enforcement of orders and decrees; appeal of husband The same proceedings shall be had on such complaint and in relation to enforcing orders and decrees as in other proceedings in the Superior Court. An appeal on the part of the husband shall n…

§ 61. Contracts; suits on contracts; partnership with husband A married woman may make contracts with any person other than her husband and bind herself and her separate property in the same manner as if she were unmarried. She may sue and be sued as to all such contracts made by…

§ 62. Woman marrying pending action to which she is party If an unmarried woman, who is party to an action, marries during the pendency thereof, such civil marriage may be suggested upon the record. Such action shall not abate by reason of the marriage, but shall proceed to final…

§ 63. Executrix, administratrix, guardian, or trustee A married woman may be appointed executrix, administratrix, guardian, or trustee, and the marriage of a single woman shall not affect her authority to so act under a previous appointment. (Amended 2009, No. 3, § 12a, eff. Sept…

§ 64. Sole deed A married woman may convey or mortgage by her sole deed the real estate of which she is seized in her own right to her sole and separate use as she might do by her separate deed if unmarried. She may by her sole deed convey or mortgage and manage and control any o…

§ 65. Name on deed When a conveyance of real estate is made by a married woman and such real estate was acquired by her under a name other than her present married name, such conveyance shall set forth both her present married name and the name under which such real estate was ac…

§ 66. Rights in personalty All personal property and rights of action acquired by a woman before or during coverture, except by gift from her husband, shall be held to her sole and separate use. Neither a wife’s separate property nor the rents, issues, income and products of the …

§ 67. Estates by entirety Real estate and tangible personal property and the products thereof, held and owned by husband and wife by the entirety, are made chargeable during the lifetime of the husband for the debts contracted by him for the necessary upkeep of such property, in …

§ 68. Income and monies from sale of real estate The rents, issues, and products of the real estate of a married woman, and monies and obligations arising from the sale of such real estate, and the interest of her husband in her right in real estate that belonged to her before ma…

§ 69. Liability for debts or torts of spouse A married person shall not be liable for a debt contracted by his or her spouse before marriage, nor for the torts of his or her spouse unless committed by the person’s authority or direction. (Amended 2009, No. 3, § 12a, eff. Sept. 1,…

§ 201. Definitions The word “child,” as used in this subchapter, shall mean a child who is under the age of 18 years, or is under the age of 21 years and is a student regularly attending a school, college or university or their equivalent, or is regularly attending a course of vo…

§ 202. Penalty for desertion or nonsupport A married person who, without just cause, shall desert or willfully neglect or refuse to provide for the support and maintenance of the person’s spouse and children, leaving them in destitute or necessitous circumstances or a parent who,…

§ 203. Institution of proceedings Proceedings under this subchapter may be instituted by any prosecuting officer upon complaint made by the deserted married person, child, or by any other person, including a parent in proper cases, against a spouse, parent, or adult child, accuse…

§ 204. Temporary orders At any time before the trial, upon application of the complainant and upon notice to the respondent, the court, or a judge thereof in vacation, may enter such temporary order as may seem just providing for the support of the deserted spouse or child, or bo…

§ 205. Order for payment; probation; recognizance Before the trial, with the consent of the respondent, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in section 202 of this title, or in addition thereto, the court, in …

§ 206. Proceedings on failure to comply If the court is satisfied by information and due proof under oath that the respondent has violated the terms of such order, it may forthwith proceed with the trial of the respondent under the original charge, or sentence him or her under th…

§ 207. Evidence; competency of parties as witnesses Other evidence shall not be required to prove the civil marriage of the husband and wife, or that the respondent is the father or mother or stepfather or stepmother of the child, than is or shall be required to prove such facts …

§ 209. Disposition, care, and maintenance of children When a parent is found guilty of nonsupport or desertion of his or her child, the court may enter such order or judgment relating to the disposition, care, and maintenance of such child, either by committing the child to the D…

§ 210. Construction This subchapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.

§ 291. When a married person deserts or fails to support his or her spouse (a) When a married person without just cause fails to furnish suitable support for that person’s spouse, or has deserted such spouse, or when a married person, for a justifiable cause, is actually living a…

§ 293. When parents live separately (a) When parents of minor children, or parents and stepparents of minor children, whether said parents are married or unmarried, are living separately, on the complaint of either parent or stepparent or, if it is a party in interest, the Depart…

§ 295. Service of complaint When a complaint is made under section 293 of this title, a summons shall be issued to the other party directing such person to appear not later than 21 days after the date of the service and show cause why the complaint should not be granted. The summ…

§ 296. Liability of stepparents A stepparent has a duty to support a stepchild if they reside in the same household and if the financial resources of the natural or adoptive parents are insufficient to provide the child with a reasonable subsistence consistent with decency and he…

§ 511. Void civil marriages; consanguinity, affinity, or living spouse (a) Civil marriages prohibited by law on account of consanguinity or affinity between the parties or on account of either party having a wife or husband living, if solemnized within this State, shall be void w…

§ 512. Voidable civil marriages—Grounds for annulment generally The civil marriage contract may be annulled when, at the time of marriage, either party had not attained the age of 16 years or was physically or mentally incapable of entering into the civil marriage state or when t…

§ 513. Party under age of 16 years A complaint to annul a civil marriage on the ground that one of the parties was under the age of 16 years may be brought by the parent or guardian entitled to the custody of such minor or by a person admitted by the court to prosecute the same a…

§ 514. Party is mentally incapable of entering into civil marriage (a) When a civil marriage is sought to be annulled on the ground of one of the parties’ mental incapability to enter into the civil marriage, it may be declared void on the complaint of a relative of such person a…

§ 515. Party physically incapacitated A suit to annul a civil marriage on the ground of the physical incapacity of one of the parties shall be maintained only by the injured party against the party whose incapacity is alleged and shall be brought within two years from the solemni…

§ 516. Force or fraud A civil marriage may be annulled during the lifetime of the parties, or one of them, on the ground that the consent of one of the parties was obtained by force or fraud, or the threat of force, or other forms of coercion or deception on the complaint of the …

§ 517. Custody and maintenance of issue If there is issue of a civil marriage annulled on the ground of force or fraud, the court shall decree their custody to the innocent parent and may provide for their education and maintenance out of the estate and property of the guilty par…

§ 518. Declarations of parties not sufficient proof A civil marriage shall not be declared null solely on the declarations or confessions of the parties, but the court shall require other satisfactory evidence of the facts on which the allegation of nullity is founded. (Amended 2…

§ 519. Decree of nullity A decree of nullity of civil marriage, if pronounced during the lifetime of the parties, shall be conclusive evidence of the invalidity of the marriage in all courts and proceedings. If such decree is pronounced after the death of either of the parties to…

§ 520. Children of civil marriage annulled Children of a civil marriage annulled pursuant to this subchapter shall be legitimate and shall succeed to the real and personal estate of both parents. (Amended 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 551. Grounds for divorce from bond of matrimony A divorce from the bond of matrimony may be decreed: (1) for adultery in either party; (2) when either party is sentenced to confinement at hard labor in the State prison in this State for life, or for three years or more, and is …

§ 552. Reconciliation If one of the parties had denied under oath or affirmation that the parties have lived apart for the requisite period of time or has alleged that reconciliation is reasonably probable, the court shall consider all relevant factors, including the circumstance…

§ 553. Collusion The term “collusion,” as used in divorce actions, shall not be construed to include conversations or negotiations of the parties carried on in good faith in an effort to resolve their marital difficulties, where the purpose or result of the conference is not to h…

§ 554. Decrees nisi (a) A decree of divorce from the bonds of matrimony in the first instance shall be a decree nisi and shall become absolute at the expiration of 90 days from the entry thereof but, in its discretion, the court that grants the divorce may fix an earlier date upo…

§ 555. Legal separation A legal separation forever or for a limited time may be granted for any of the causes for which an absolute divorce may be granted. (Amended 1981, No. 247 (Adj. Sess.), § 1.)

§ 558. Spouse allowed to take prior name Upon granting a divorce, unless good cause is shown to the contrary, the court shall allow a spouse to resume the spouse’s prior name or the name of a former spouse. (Amended 2023, No. 161 (Adj. Sess.), § 20, eff. June 6, 2024.)

§ 559. Change of children’s names The court may change the names of the minor children of divorced parents when application for that purpose is made in the complaint for divorce.

§ 560. Remarriage When a civil marriage is dissolved pursuant to this chapter, the parties shall be deemed single and may lawfully marry again. (Amended 1969, No. 264 (Adj. Sess.), § 4; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)

§ 562. Recrimination Recrimination shall not constitute a defense or a bar to a complaint for divorce. (Added 1969, No. 264 (Adj. Sess.), § 5; amended 1971, No. 14, § 3, eff. March 11, 1971.)

§ 563. Condonation Condonation shall not constitute a defense or a bar to a complaint for divorce. (Added 1969, No. 264 (Adj. Sess.), § 8; amended 1971, No. 14, § 4, eff. March 11, 1971.)