Delaware
Delaware state laws, regulations, court decisions, and active legislation
Overview
Delaware occupies a unique position in American law as the state of incorporation for more than 60% of Fortune 500 companies. The Court of Chancery, a specialized equity court with deep expertise in corporate law, makes Delaware the most influential jurisdiction for business formation and corporate governance disputes. Delaware's General Corporation Law is the most widely used corporate statute in the nation.
Beyond corporate law, Delaware has a mixed legal landscape with moderate tenant protections, a medical marijuana program, and a criminal justice system that includes the death penalty. The state's small size allows for a relatively efficient legal system.
Court Structure
Delaware's court system includes Justice of the Peace Courts, Court of Common Pleas, Family Court, Superior Court (general jurisdiction), the Court of Chancery (specialized equity court), and the Supreme Court of Delaware. The Court of Chancery is Delaware's most famous legal institution — a court without juries that specializes in corporate and business disputes, trust matters, and other equitable claims. Its decisions are highly influential in corporate law nationwide.
Unique Laws & Facts
- •The Court of Chancery is a unique equity court specializing in corporate law, with no jury trials
- •More than 60% of Fortune 500 companies are incorporated in Delaware
- •Delaware's General Corporation Law is the most widely used corporate statute
- •The state allows trusts of unlimited duration (no rule against perpetuities)
- •Delaware has no sales tax
Legal Landscape
Delaware's legal landscape is defined by its outsized role in corporate law and business formation. The Court of Chancery's expertise and the state's business-friendly legal framework attract companies worldwide. Beyond corporate law, Delaware has a moderate regulatory environment with a mix of progressive and traditional legal policies.
Key Delaware Laws (20)
Driving Under the Influence
Delaware prohibits driving with a BAC of 0.08% or higher. First offenses bring $500-$1,500 fine, 12-month license loss, and treatment. BAC of 0.15+ enhances penalties. Second offenses bring 60 days minimum jail (suspendable). Third offenses become felonies.
Assault in the Third Degree
Third-degree assault in Delaware covers intentional or reckless injury, or negligent injury with a weapon. It is a Class A misdemeanor with up to one year jail and $2,300 fines. Enhanced penalties apply for protected victims. Domestic violence cases trigger protective orders.
Assault in the Second Degree
Delaware prosecutes battery as 'assault.' Second-degree assault covers serious injury, weapon use, and attacks on protected workers. It is a Class D felony with up to 8 years prison. Some forms have mandatory minimums. Weapon use triggers enhanced sentencing.
Possession of a Controlled Substance
Delaware's 2011 reforms made simple drug possession (other than marijuana) a Class A misdemeanor with up to one year jail and $2,300 fines. Larger quantities trigger felony tiers. Recreational marijuana legalized in 2023 for adults 21+. Drug court diversion is widely available.
Theft
Delaware theft is graded by value: under $1,500 is a Class A misdemeanor (up to one year jail); $1,500+ is a Class G felony (up to 2 years prison). Firearm theft is a Class F felony. Theft from seniors is enhanced one class. Restitution is mandatory.
Grounds for Divorce or Annulment
Delaware allows divorce based on irretrievable breakdown shown through separation (voluntary or due to misconduct, mental illness, or incompatibility). One spouse must be a Delaware resident for six months. Property is divided equitably. Mandatory parenting education is required when children are involved.
Best Interests of the Child
Delaware applies an 8-factor best-interests test for custody. Joint legal custody is presumed to be in the child's best interests. Physical placement may be sole or shared. Domestic violence creates a presumption against the abuser. Substantial change is needed for modification.
Child Support Guidelines (Melson Formula)
Delaware uses the unique Melson Formula for child support. It first allocates basic needs for parents and children, then shares any surplus income proportionally so children benefit from extra parental income. Support continues until age 18 or high school graduation, no later than 19.
Minimum Wage
Delaware's minimum wage is $13.25/hour as of 2024, increasing to $15.00 on January 1, 2025. Tipped wage is $2.23 if tips bring total to minimum. Workers under 18 and first-90-day employees can be paid $0.50 less. Federal weekly overtime over 40 hours applies.
At-Will Employment with Public Policy and Implied Contract Exceptions
Delaware is at-will but recognizes public policy, implied contract, and good faith exceptions. The Delaware Discrimination in Employment Act prohibits discrimination on race, sex, age, sexual orientation, gender identity, marital status, genetic information, and disability.
Healthy Delaware Families Act / Paid Family and Medical Leave
Delaware's Healthy Delaware Families Act takes effect 2026, providing up to 12 weeks paid family leave (bonding) and 6 weeks paid medical/caregiving leave per 24 months at 80% wages. Delaware does not mandate paid sick leave. Final wages due by next payday.
Security Deposits
Delaware caps security deposits at one month's rent for leases of one year or longer (no cap month-to-month). Deposits must be held in escrow at a federally insured bank. Landlords have 20 days to return the deposit or provide itemization. Failure forfeits the right to withhold and triggers double damages.
Termination for Nonpayment of Rent and Eviction
Delaware landlords give a 5-day notice to pay or vacate after rent is 5 days late. Summary possession is filed in Justice of the Peace Court with trial in 5-10 days. Writ of possession issues after 7 days. Self-help eviction triggers treble damages plus attorney fees.
LLC Formation
Delaware LLCs file a certificate of formation with the Division of Corporations for $90, with $300 annual franchise tax due June 1. Delaware does not require member/manager names in the public filing, providing privacy. Delaware's Court of Chancery and flexible LLC Act make it the most popular state for LLC formation.
Consumer Fraud Act
Delaware's Consumer Fraud Act bans deception, false promises, and material omissions in any consumer transaction. The Consumer Protection Unit can seek $10,000 civil penalties per violation, restitution, and injunctive relief. Consumers can recover actual damages, attorney fees, and treble damages for willful conduct.
Automobile Warranties (Lemon Law)
Delaware's Lemon Law covers new vehicles for one year or warranty term. A vehicle is presumed a lemon after four failed repair attempts or 30 days out of service. Consumers can demand replacement or refund minus a use allowance after written notice. Certified manufacturer arbitration may be required first.
Intestate Succession
Delaware retains a unique distinction between personal property and real property in intestacy. Without descendants, the spouse takes all personal property and a life estate in real property. With shared descendants, the spouse gets $50,000 plus half of personal property and a life estate in real property.
Execution of Wills
Delaware wills must be written, signed by the testator (age 18+, sound mind), and witnessed by two credible witnesses (age 18+) in the testator's presence. Holographic wills without witnesses are not recognized. A self-proving notarized affidavit speeds probate.
Maximum Speed Limits
Delaware default speed limits are 25 mph urban, 50 mph rural state and county highways, and 65 mph rural interstates (some posted higher). School zones are 20 mph. Excessive speeding can support reckless driving and aggressive driving charges as well as license suspension.
Small Claims and Justice of the Peace Court Jurisdiction
Delaware has no separate small claims court; civil disputes up to $25,000 are heard by the Justice of the Peace Court. Procedures are simple and parties may represent themselves. Either party can appeal de novo to the Court of Common Pleas within 15 days.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.