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Delaware Legal Guides

Understand Delaware's specific laws and regulations across six major practice areas. Each guide covers state statutes, court procedures, and key legal differences.

Legal Guides for Delaware

Personal Injury

Delaware uses a modified comparative negligence system with a 50% bar, meaning plaintiffs who are 50% or more at fault are barred from recovery. The state has a two-year statute of limitations for mos...

Statute of Limitations: 2 years from date of injury
Comparative Negligence: Modified comparative negligence, 50% bar
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Family Law

Delaware family law is governed by Delaware Code Title 13 (Domestic Relations). The state follows equitable distribution for dividing marital property and permits no-fault divorce based on irretrievab...

Residency Requirement: 6 months in state
No-Fault Ground: Irretrievable breakdown (6 months separation)
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Criminal Defense

Delaware is a small state with a criminal justice system that has undergone notable reforms. The state abolished the death penalty in 2016 after the Delaware Supreme Court ruled its capital sentencing...

DUI Law: BAC 0.08%; 10-year lookback; first offense up to 6 months jail
Marijuana Decriminalization: Possession of 1 oz or less is a civil violation; $100 fine
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Estate Planning

Delaware is widely regarded as one of the premier jurisdictions for trust law in the United States, attracting trust business from across the country. The state allows perpetual dynasty trusts (no rul...

State Estate Tax: No state estate tax
Dynasty Trust: No rule against perpetuities for personal property trusts
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Business Law

Delaware is widely regarded as the most business-friendly state in the United States for incorporation, and more than 60% of Fortune 500 companies are incorporated there. The state's dominance stems f...

LLC Formation Filing Fee: $90 filing fee for Certificate of Formation
Corporate Franchise Tax: Minimum $400 annually; calculated by authorized shares or assumed par value capital method
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Real Estate

Delaware real estate law combines elements of its colonial legal heritage with modern statutory frameworks. The state uses mortgages and requires judicial foreclosure, with all foreclosures proceeding...

Transfer Tax: 4% total (2% buyer, 2% seller by custom); Wilmington adds 1.5% city transfer tax
Judicial Foreclosure: Court-supervised foreclosure required; scire facias or complaint process
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