Delaware Law
The state of Delaware is the second smallest state in the country. With lengths measuring ninety-six miles to thirty-five miles, Delaware has only a landmass totaling nineteen hundred fifty-four miles squared. This small area is divided into three counties starting in the north and following to the south. These counties include Sussex County, New Castle County, and Kent County.
Despite being small and having fewer residents than other states, Delaware is governed by federal laws and state laws from its fourth constitution, created in 1987. State laws cover the areas where the federal government has not created laws. These areas include divorce laws, labor laws, expungement laws, bankruptcy laws, driving under the influence laws, gun laws, and others.
Bankruptcy
Delaware bankruptcy forms can include up to one hundred different pages for a single petition. The federal government recently changed the requirements for filing for bankruptcy. The increases to requirements are designed to minimize the number of individuals eligible for bankruptcy and to decrease the abuse of the federal bankruptcy system.
When filing for bankruptcy the court will take into account an individual’s personal income, living circumstances, assets, titles, loans, and credit. If found to be eligible, the court will assign the individual to either Chapter Seven bankruptcy or Chapter Thirteen bankruptcy. These two kinds of bankruptcy are designed to assist individuals in getting out of debt in different ways.
Divorce
Delaware bases its divorce requirements on residency, as do all the other states. However each state has different requirements. Delaware requires that individuals reside within state borders for a minimum of six months before divorce petitioning. The law states that only one individual in the marriage is required to be a state resident in order to have a Delaware divorce.
Where the individuals reside within the state also is a necessary factor. Divorce cases are handled by the county circuit courts, so if a petition is sent to the incorrect county, the case will be dismissed. An individual may petition for divorce in his or her county of residency or that of his or her spouse.
Expungement
Expungement is the legal erasure of an individual’s records, though the record can later be accessed for civil purposes or for law enforcement purposes. These include application for the United States military and running for public office. Expungement is sometimes an option for those who have been convicted of crimes.
Most often felonies and misdemeanors cannot be expunged from an individual’s record nor can driving under the influence charges. A majority of the time the only instances where individuals may have their records expunged is if there has been a mistaken in charging or if a case was later dismissed.
Gun Laws
The state of Delaware bans specific firearms from entering state borders. These include eighteen-inch sawed-off barrels and shotguns less than twenty-six inches in length. Only those with concealed weapons permits are allowed to possess handguns in either their motor vehicles or on their person. Those who have been convicted of felony charges or misdemeanor charges are not permitted to possess any kind of firearm.
Delaware Law Articles
Delaware Custody Guidelines
Child Custody in Delaware Decisions on how your child’s time will be divided between you and the other parent can be very difficult, frustrating, and even frightening. No matter how…
Grandparents Rights in Delaware
Delaware Grandparents’ Rights & Visitation Oftentimes, and for many different reasons, grandparents may need to seek legal counsel regarding their rights to see their grandchildren. In addition, grandparents may also…
Delaware Expungement
Expungement in Delaware The Delaware Expungement Process can provide individuals with a fresh start and the opportunity to move on from their past mistakes. The expungement process, which is governed…
Delaware Misdemeanors
Misdemeanors in Delaware Misdemeanors are defined as any committed crime that is less serious than a felony. Being accused of a crime will result in a trial with the Justice…
Delaware Lemon Laws
Lemon Law in Delaware Delaware has lemon law that is similar to those of other states. The lemon law is also known as he Magnuson-Moss Act and requires manufacturers to…
Delaware Marijuana Laws
When it comes to enacting strict marijuana laws, size doesn’t matter. One of our smaller states, Delaware, actually has some of the harshest marijuana laws on the books. Part of…
Delaware Labor Laws
Employment & Labor Laws in Delaware Under Delaware law, employers with four or more employees cannot discriminate against their workers on the basis of race, marital status, genetic information, color,…
Delaware DUI Laws
Delaware DUI Prosecution Driving under the influence charges can be prosecuted in two different ways in Delaware. The first form of prosecution is called per se law. Per se law…
Delaware Divorce Laws
Divorce Laws in Delaware If you reside in Delaware and would like to file for a divorce, you must demonstrate that your marriage is ‘irretrievably broken’. This essentially means that…
Delaware Bankruptcy Laws
How to File Bankruptcy in Delaware Filing for bankruptcy in the state of Delaware can be a difficult process when doing it alone, but with the help of lawyers and…