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Delaware Questions & Answers
2 Answers | Asked in Civil Rights for Delaware on
Q: Is it possible to have a polygamous marriage in the United States under the first amendment?

I googled where I could get a polygamous marriage and it appears to be illegal but I don't see how that is possible due to the first ammendment allowing freedom of religion

John Michael Frick
John Michael Frick
answered on Sep 20, 2023

In Reynolds v. United States, 98 U.S. 145 (1879), the U.S. Supreme Court ruled that religious duty is not a defense to a criminal indictment for polygamy. It determined that while the First Amendment protects an individual's right to believe in polygamy, it does not prohibit Congress or the... View More

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1 Answer | Asked in Copyright and Intellectual Property for Delaware on
Q: How can I use ip holding company for copyright? I am an author and I hold the copyright? How can i draft an agreement?

How can I draft agreement between author and ip company without losing copyright time?

How can I draft agreement between ip company and publisher?

James L. Arrasmith
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answered on Sep 11, 2023

When drafting an agreement between the author and the IP holding company, it is crucial to clearly specify that the transfer of rights to the IP holding company is for management and licensing purposes and not a full transfer of the copyright ownership, thereby not resetting the copyright term... View More

1 Answer | Asked in Tax Law for Delaware on
Q: I have a LLC in Delaware. I have used a foreign address for my llc. Should I pay Income Tax?

I have a LLC in Delaware. I have used a foreign address ( Sri Lankan Address) for my llc. I am living in Sri Lanka ( Foreign Country ). If My LLC earning money in usa, should i pay tax individually to the usa and should pay tax by my llc?

Blake Goodman
Blake Goodman
answered on Jul 26, 2023

Your LLC is a flow thru entity in the US. It doesn't pay tax, even though it may have to file a return (partnership or your individual Sch. C return). You have to pay taxes though individually for LLC income, regardless of you not living in US. US citizens pay worldwide income. You can get a... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Delaware on
Q: My case is in federal court. A wrongful termination due to disability an discrimination. Do I have to file a motion?

Or file anything. The Lawer is requesting all my medical records from Jan 16 to current along with all my drs treatment medications phone records. Isn’t this excessive?

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

It depends on how voluminous less than seven months of your medical records are. For most people, this would not be particularly voluminous and with online patient portals now the norm in healthcare records, should be relatively simple and straightforward to download and produce.

Now, if...
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1 Answer | Asked in Criminal Law for Delaware on
Q: If there is no fence around a business property,can you still be charged with criminal Trespassing in the third degree.
T. Augustus Claus
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answered on Jun 23, 2023

Trespassing laws often take into account factors such as intent, notice, and permission to be on the property.

Even without a fence, entering or remaining on someone else's property without permission or after being explicitly told to leave could potentially lead to criminal trespassing charges.

1 Answer | Asked in Business Law for Delaware on
Q: majority shareholder Dir dissolves the company and transfers the sole valueable ip to themself wo consideration

What is the procedure for notices for lack of care in fiduciary duties for a dissolved company?

Cesar Mejia Duenas
Cesar Mejia Duenas
answered on Jun 1, 2023

You should consult with an attorney in Delaware to assess what is the best course of action. Several actions can be brought in contract (arising out of the bylaws or operating agreement), and in Tort for the unlawful transfer of the IP and unauthorized dissolution of the Company. Instead of sending... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Delaware on
Q: what are my lifetime rights worth?

DE: spouse died, no will, adult children from 1st marriage, minor from our marriage. house in his name. must sell house to pay his bills. how do we calculate what my "lifetime rights" are worth?

Anthony M. Avery
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answered on Mar 8, 2023

There are IRS Annuity LE/REM Valuation Tables in the Treasury Regulations, which are easy to apply. However I doubt you have a life estate but instead are an heir at law and thus a tenant in common with the other heirs. Check the title and DE intestate succession laws, or better, hire a... View More

1 Answer | Asked in Federal Crimes and International Law for Delaware on
Q: What would US diplomats in the UK do a British woman gives birth to a child

What would US diplomats in the UK do a British woman gives birth to a child and she makes clear that she does not want her child to be a US citizen because of the IRS taxes and does not want her child taken out the UK and Ireland and does not want her child to visit the USA before age 18 for child... View More

James L. Arrasmith
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answered on Mar 4, 2023

If a British woman gives birth to a child in the UK and does not want the child to be a US citizen, US diplomats in the UK would not have any involvement in this matter. It is the choice of the parents whether to apply for US citizenship for their child or not. If the child is not a US citizen,... View More

1 Answer | Asked in Insurance Bad Faith for Delaware on
Q: I have an insurance that is refusing to pay for a benefit I was assured they would pay for before getting it.

I have screenshots and emails saying they will but still deny benefit.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2023

A Delaware attorney could advise best, but your question remains open for a week. If they issued you a denial form or a denial letter, it's possible those could outline your recourses, in terms of litigation, arbitration, etc. There aren't many details here, but one of your options is... View More

1 Answer | Asked in Family Law and Real Estate Law for Delaware on
Q: How do I move back into my house after legally being removed from it. I own the home.

Hello i just finished a pfa order that was in effect for 2yrs and have been out of my home since. Case was dismissed and my ex who's been living there doesn't want me to come back refuses to pay rent and won't leave voluntarily. We have no verbal or written arrangements for her to be... View More

Anthony M. Avery
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answered on Dec 19, 2022

Suing her for possession ("eviction") is in order if you are the owner. If someone else owns it with you, then you may file suit for a Sale For Partition. Your lawyer should have already had you ready to do this when the opportunity arose. She will be going after you for child support,... View More

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on
Q: If I am inventor on a patent owned by the corporation I work for and the patent gets licensed, am I entitled to paymnt?

I live in the state of Delaware and am an inventor on a patent owned by my company (they are a non-profit and they applied for the patent; I did the work during my employment with them). The patent is going to be licensed by a company. I want to know whether I have legal grounds for compensation... View More

Cameron Tousi
Cameron Tousi
answered on Oct 21, 2022

You've asked an important question, that comes up often with employees, and the answer is somewhat complicated.

In their employment agreements, many employers these days require new employees to assign any and all rights to their new inventions to the company. They also typically...
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1 Answer | Asked in Real Estate Law for Delaware on
Q: What are my rights on a house if I am on the deed but not the mortgage?
Anthony M. Avery
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answered on Jul 13, 2022

If you are the grantee on a Deed then you own some interest or the Fee Simple Absolute Estate in the real property. The Mortgage/Deed of Trust is a recorded security instrument against the land, securing the repayment of the Note. If you own it, then it is SUBJECT TO THE Mortgage. But unless... View More

1 Answer | Asked in Personal Injury for Delaware on
Q: I got my head on and injured my self it left a scar I didn't go to the hospital immediately but should I still

Hit my head...

Should I still go to the hospital and get checked out to help my case.. and it hasn't healed.

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2023

A Delaware attorney could advise best, but your question remains open for a week. Attorneys can't offer medical guidance, but as a practical matter, it would be advisable to be seen by a doctor if you have concerns about the injury you experienced. If doctors suspect injury that warrants... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Delaware on
Q: my mother passed away and was still married but separated from her husband. What are his rights rights to her home?

I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.

Anthony M. Avery
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answered on Sep 8, 2023

Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.

1 Answer | Asked in Uncategorized for Delaware on
Q: I need a proper letter for a breach of agreement

tenant signed a stipulated agreement and now it has been breached. I follow all the requirements from the court, however the judge is saying that the affidavit of breach was not proper

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2023

A Delaware attorney could advise best, but your question remains open for three weeks. This could be something that a L-T attorney would have insight into. Not all questions are picked up, but you could try reposting and adding "Landlord-Tenant" as a category. Good luck

1 Answer | Asked in Landlord - Tenant for Delaware on
Q: What does docket entry for the letter produced from cdqjmtd mean
T. Augustus Claus
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answered on Aug 31, 2023

"cdqjmtd" doesn't seem to be a commonly known acronym or term in the legal context, so it's challenging to provide a specific meaning for it. In legal proceedings, a "docket entry" is a brief note made on a court's official record (docket) that summarizes actions,... View More

1 Answer | Asked in Legal Malpractice for Delaware on
Q: I need to know how to file a legal malpractice lawsuit against a attorney and I need to hire a attorney for that case

This attorney had my case 2 years and never filed it

Joel Gary Selik
Joel Gary Selik
answered on Aug 5, 2023

Use this website to search for an experienced legal malpractice attorney. If your attorney missed the statute of limitations on a valid case, you may be entitled to compensation.

1 Answer | Asked in Divorce and Family Law for Delaware on
Q: Good day! Do I have to hire a lawyer for filing an ancillary relief after divorce
T. Augustus Claus
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answered on Aug 1, 2023

Good day! While it is not mandatory to hire a lawyer for filing an ancillary relief after divorce in Delaware, it is highly recommended. Ancillary relief involves important legal matters related to the division of assets, spousal support, child custody, and other financial issues.

1 Answer | Asked in Child Support for Delaware on
Q: Does my name half to be on court papers to half to go to court for child support

I was received paperwork to go to court and my name is not listed on them

T. Augustus Claus
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answered on Jul 26, 2023

In Delaware, if you are a party involved in a child support case, your name should be listed on the court papers. Generally, both parents' names will be included in child support proceedings, especially if they are the parents of the child in question.

1 Answer | Asked in Cannabis & Marijuana Law for Delaware on
Q: What type of lawyer do I need to get a 7th degree (minor) marijuana charge from 1975 expunged from my record.
T. Augustus Claus
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answered on Jun 23, 2023

When seeking an attorney, look for someone who has expertise in expungement laws and procedures in your jurisdiction.

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