State Laws

Delaware State Laws


Delaware Law Articles | Delaware Felony | Delaware Gun Laws | Delaware Bankruptcy | Delaware Divorce | Delaware DUI Laws | Delaware Labor Laws | Delaware Marijuana Laws

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.