Rickards v. Rickards 53 Del. 134, 166 A.2d 425 (1960) Mr. Rickards and Mrs. Rickards were married. However, Mr. Rickards was unable to 'take care of business' (aka he was impotent). Mrs. Rickards filed for an annulment. Under Delaware State law, (12 Del.C. §1551), "incurable physical impotency, or incapacity for copulation" was grounds for an annulment. The Trial Court granted the annulment. Mr. Rickards appealed. Mr. Rickards argued that his impotency was psychological in nature, not physical, which didn't meet the definition. Also, Mr. Rickards argued that his wife had not established that his problem was "incurable." The Delaware Supreme Court affirmed the annulment. The Delaware Supreme Court found that physical or psychological impotency were functionally the same, so there should be no difference in the law. The Court found that a psychologist testified that Mr. Rickards was 'probably incurable', and that was good enough. It would be unfair to make Mrs. Rickards wait around for the possibility of a miracle cure. Under the old Roman law (adopted by the English Courts), the doctrine of triennial cohabitation, a man has 3 years to prove he is capable. After that, the burden of proof shifts to the man to prove that he is not impotent.