Delaware Laws

This page summarizes ten Delaware laws people ask about most, with a link to the full guide for each. Every guide cites the state statute or an official source. Laws change, so check the current statute or talk to a local attorney before you act.

Delaware Personal Injury Statute of Limitations

In Delaware, you generally have 2 years from the date of injury to file a personal injury lawsuit (Del. Code tit. 10, § 8119). If you miss the deadline, the court will usually dismiss the case. Different deadlines can apply to medical malpractice, wrongful death and claims against government agencies.

Read the full personal injury statute of limitations guide →

Delaware Comparative Negligence Laws

Delaware follows modified comparative negligence (51% bar). You can recover if your share of fault is 50% or less, with your award reduced by your percentage of fault. At 51% or more you recover nothing.

Read the full comparative negligence laws guide →

Delaware Minimum Wage in 2026

The Delaware minimum wage is $15.00 per hour, above the federal $7.25. When state and federal rates differ, employees are entitled to the higher rate. Overtime at one and a half times the regular rate generally applies after 40 hours in a workweek.

Read the full minimum wage guide →

Delaware Final Paycheck Laws

In Delaware, an employer must pay final wages to a fired employee: next regular payday. The same deadline applies if you quit. If wages are late or missing, you can file a wage claim with the state labor department or go to court.

Read the full final paycheck laws guide →

Delaware Small Claims Court Limits

In Delaware, you can sue for up to $25,000 in small claims court, which is handled by the Justice of the Peace Court. Small claims cases are faster and cheaper than regular lawsuits, and most people represent themselves. If your claim is larger, you must file in a higher court or give up the excess.

Read the full small claims court limits guide →

Delaware Security Deposit Laws

Delaware security deposit limit: 1 month's rent for leases of one year or more (plus a pet deposit). The landlord must return the deposit, minus lawful deductions, within this deadline: 20 days. Landlords cannot deduct for normal wear and tear, and tenants can usually sue in small claims court if a deposit is wrongly withheld.

Read the full security deposit laws guide →

Delaware Eviction Notice Requirements

If rent is unpaid in Delaware, the landlord must generally give a written notice before filing an eviction case: 5 days to pay or move. Only a court can order an eviction; a landlord cannot change the locks, remove belongings or shut off utilities to force a tenant out.

Read the full eviction notice requirements guide →

Delaware Small Estate Affidavit

Delaware small estate limit: $50,000 for deaths on or after June 10, 2026. Waiting period after death: 30 days. Real estate cannot be transferred this way. A small estate process lets heirs collect property without a full probate case.

Read the full small estate affidavit guide →

Does Delaware Recognize Common Law Marriage?

No. Delaware does not recognize common law marriages formed in Delaware. Most states generally recognize a marriage that was valid where it was formed, so a common law marriage created in a state that allows it may still be recognized.

Read the full common law marriage guide →

Delaware Divorce Residency Requirements

To file for divorce in Delaware: 6 months of continuous residence before filing. Waiting period: 6 months of separation before the decree for most no-fault divorces. If you do not meet the residency rule yet, you may need to wait or file in the state where your spouse lives.

Read the full divorce residency requirements guide →

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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