Navigating the complexities of the Worcester County, MD, legal system alone can be overwhelming. Whether you’re going through a divorce, custody battle, or have been wrongfully injured, it is essential that you find an attorney who cares and will work with you. The Law Offices of Michael A. Mastracci are dedicated to helping clients throughout Worcester County, MD. Here are some frequently asked questions about our practice areas, including divorce, child custody & visitation, and personal injury.
If you have any questions or need legal assistance, don’t hesitate to contact our office today!
How Long Does an Uncontested Divorce Take in Worcester County, Maryland?
Mutual consent is one of the most common reasons people seek a no-fault divorce. In this situation, both parties agree (or consent) to getting divorced. No waiting period is required for an uncontested divorce. Partners can be living in the same house and ask for this type of divorce if they want. Mutual consent is currently a ground for divorce and is perhaps the quickest and least expensive way to divorce.
The time it takes to finalize an uncontested divorce in Worcester County, Maryland, depends on several elements, but the general process includes:
- Filing the complaint for absolute divorce in the circuit court
- Serving your spouse with notice of the filing
- Waiting out the response period, typically 30 days
- Scheduling a hearing, if required by the court
- Finalizing the decree once the judge reviews and approves the agreement
Uncontested divorces typically conclude within 2 to 3 months. When both spouses are prompt with their paperwork and communication, the court may issue a final order in as few as 45 days. However, every case is different. That’s why it is essential to hire a divorce attorney in Worcester County, MD, to help you with each step of the process.
How Do Maryland Courts Decide Child Custody In Worcester County, MD?
Worcester County, Maryland, courts award legal and physical custody of the minor children to one or both parties, in accordance with the children’s best interests. The courts will look at several factors, including but not limited to:
- Who is the child’s primary caregiver?
- Is this person capable of caring for the child?
- Is there an existing custody agreement?
- Who will be best able to help the child keep family relationships?
- Which parent has the financial resources to provide the child with more opportunities?
If physical custody is awarded to one party, the other party will generally be granted visitation rights. Decision-making power regarding the child (or legal custody) may be awarded to either party separately or to the parties jointly.
At the Law Offices of Michael Mastracci, we work with you and your partner to first attempt to settle all matters out of court, to come to an amiable agreement that both sides can live with and is in the best interest of the child(ren).
What Penalties Apply To A First-Time DUI Offense In Worcester County, MD?
A first-time DUI offense means that the driver has no prior DUI-related convictions. A person can be charged with DUI if they are found to be driving with a blood alcohol concentration (BAC) of .08 or greater. If you test above the legal limit for alcohol, or refuse an officer’s request to submit to a test, you will be issued an Order of Suspension along with your traffic citation(s). The police officer will confiscate your Maryland driver’s license and may issue you a 45-day temporary paper license.
For a first-time DUI offense in Worcester County, MD, you face up to a $1,000 fine and up to one year in jail. Twelve points will be assessed on your driving record, and your license may be revoked for up to six months.
Even if you have no prior convictions, it is wise to hire a DUI attorney in Worcester County, MD. Your lawyer can inform you of your rights, build a case for you, and represent you in court.
How Do I Modify A Custody Or Visitation Order In Worcester County, MD?
If you already have a court order for custody or visitation, you can request the court to change custody or visitation in Worcester County. Under normal circumstances, there are two requirements for modifying child custody arrangements. First, the reason must satisfy the legal standard, which in Maryland is the “best interests” of the child. Meaning, the request for modification must be determined by the court to be in the “best interests” of the child/children. Second, the parent seeking a modification must show that a material change has occurred since the last child custody order was entered. There must be a compelling reason for courts to modify their previous orders.
What Is The Statute Of Limitations For Personal Injury Claims In Worcester County, MD?
The phrase “statute of limitations” refers to the limited period of time within which you can file a lawsuit against someone who harmed you. For personal injury cases in Worcester County, MD, you have a period of three years after the act that caused you the harm to file a lawsuit. In most cases, the statute of limitations period starts running on the date you were “harmed.” In this case, the date you were “harmed” refers to the date you were injured.
At the Law Offices of Mike Mastracci, no matter which strategies we put to work for our clients, they are always grounded in our solid record of securing fair results. We are totally committed to representing our clients, and we are good at what we do.
According To Maryland Law, What Is The Difference Between An Uncontested Divorce And A Contested Divorce?
An uncontested divorce occurs when both parties agree to a divorce and agree on its key elements. In an uncontested divorce, both parties can set the terms themselves, within the bounds of the law. Both spouses must agree on several key aspects of the divorce process: not just that they want to get divorced, but also any factors that could affect their finances or the time they get to spend with their children. This is the quickest way to get divorced in Maryland, as the case can usually be settled outside of court with minimal stress.
In a contested divorce, one of the parties doesn’t agree to the divorce, doesn’t approve of the grounds for divorce, or disagrees on specific terms of divorce. If spouses can’t arrive at a compromise, they will go to court and have a judge settle their dispute. While this sounds reasonable, a contested divorce can be much more expensive and may take much longer than an uncontested divorce. In this case, both parties will typically hire a divorce attorney to represent them in court.
When Can Contempt Proceedings Be Filed In Maryland Family Law Cases?
In Maryland, a person may be held in contempt if they fail to comply with court orders regarding child support, custody, visitation, or alimony. If a parent or spouse is ordered to pay support and fails to comply with the terms of the order, they can be found in contempt of court. Under the court’s powers, a non-compliant parent or spouse can be imprisoned if they can pay and fail to do so.
Custody and visitation orders can also be enforced through the court’s contempt powers. An unjustified denial or interference with court-ordered custody or visitation can result in the court ordering make-up time or modifying the existing order to ensure future compliance. The court can also assess attorney’s fees and costs against the offending party.
LAW OFFICE OF MICHAEL A. MASTRACCI, LLC
Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce, or have been charged with a crime, been injured in an accident or your civil rights have been violated, you need to first know your rights. Consulting a lawyer first can actually save you both time and money in the long run. We also have a comprehensive referral network to suit your individual and family needs.
Whether you’re facing divorce, custody issues, or child support disputes, our shared goal is simple: to guide you through the process with clarity, compassion, and confidence. Two firms. One focus — protecting you and your family. Call us today at 410-869-3400 or visit our law office at 30107 Tammy Court, Selbyville, DE 19975