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.
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can you get a 2nd degree assault charge which you were found guilty of expunged from your record. I want to join the army and they won't take me cause they say in the army all 2nd degree assault charges are felonies, even though mine was a misdemeandor.
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the max sentence for a class A is 365 days. I've been told that they absolutely cannot keep you past that w/o some other charge. is that right? And can they extend that if you violate probation?
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