How does a lawyer charge for legal services?
For most matters, Warfield & Darrah bills for its services at standard hourly rates based on the amount of time spent by professionals on the matter. Our hourly rates are reviewed on a periodic basis. Some matters, such as the drafting of simple leases, deeds, and certain contracts, preparation of simple wills and powers of attorney, and the formation of business entities, may lend themselves to flat fee billing where the cost of the service will be established in advance. In most cases, the client is expected to pay expenses such as court costs, filing fees, deposition transcript costs, copying costs, in addition to the fee.

What if my problem involves a dispute outside of Maryland?
Our attorneys are licensed to practice only in the State of Maryland, and we cannot assist you with legal problems in other states. However, we can often refer you to an attorney who can handle your dispute outside of Maryland.

If I received a paper from the court, do I need an attorney?
Yes. If you fail to respond to court notices, you may suffer serious consequences. You should not ignore any documents you receive from a court.

I am getting divorced. Do I need an attorney?
It ordinarily is a good idea to consult with a lawyer about major life events or changes, such as a divorce. Our attorneys will protect your rights, as well as the rights of your children. Our attorneys are well-versed and current with the laws in your state concerning marriage, divorce, marital property, child custody and visitation, and family support.

What is a no-fault divorce?
The law once required at least one spouse to place blame on the other in order to file for a divorce. However, times have changed, and now couples can be granted a divorce in all 50 states after living apart uninterrupted for at least 12 months and without establishing fault. In certain cases, it can be granted by mutual consent.

A no-fault divorce is when the filing spouse requests a divorce without citing specific blame. Synonyms for a no-fault divorce include irreconcilable differences, incompatibility, and uncontested. You are not required to provide proof that your marriage is beyond repair, and no testimony is necessary to explain what went wrong.

What is the difference between divorce litigation and divorce mediation?
Two of the most common divorce options are litigation and mediation.

Litigation - the more traditional method of the two, involves filing a lawsuit against your spouse and having a separate lawyer represent each of your cases in front of a judge. This is probably the right option if you need legal advice, your divorce is complicated, assets are to be divided  or either party has hostility toward the other making an agreement impractical.

Mediation - means a third-party attorney sits down with you and your divorcing spouse to help you craft an agreement for ending your marriage. This process is faster, less expensive, and less emotionally draining than litigation, but it’s only an option if your divorce is simple and neither party is hostile.

How do courts determine who gets custody of children in a divorce?
If the parents cannot agree on custody of their child, the courts decide custody based on "the best interests of the child." Determining the child’s best interests requires a judge to weigh and balance many factors and the abilities of each parent.

What are the legal grounds for obtaining a divorce?
The grounds for divorce depend on the state, and may be based on no-fault or fault. A no-fault divorce is available in some form in all 50 states. Common bases for no-fault divorce are the separation of the parties for 12 months without regard to fault or by mutual consent (in some cases). The list of grounds for a fault-based divorce may include: desertion, adultery, physical cruelty and mental cruelty.

If my spouse cheated on me can I sue him/her for divorce on the grounds of adultery?
Yes. Adultery can be the basis for a divorce if the adultery is not forgiven or condoned. If your spouse had cheated, the negative behavior can come into play during divorce proceedings. For instance, if a cheating husband/wife spends marital funds on the other woman/man the courts could take this into consideration when considering how marital assets are divided. 

What do I have to do to get the divorce process started?
There has to be a complaint for divorce filed with your local county clerk of court. Once a complaint for divorce is filed, your spouse will have a fixed number of days in which to respond to the complaint. Once a petition has been filed, you should seek an attorney for the filing of a divorce action.

Will dating while my divorce is pending affect the outcome?
Dating while your divorce is pending may create problems for you. If custody is at issue, evidence of your dating or involving a third person with your children is bad for your case and may impact custody. Dating is not recommended. However, if you do decide to date, you must fully inform your attorney about your decision and the people you are dating. Your attorney will discuss with you the possible consequences of your actions.

Does the firm offer any evening or weekend appointments?
Generally, appointments are scheduled weekdays between 9 a.m. to 5 p.m. In emergencies and special situations evening or weekend appointments might be arranged.

Do you offer a free consultation?
On many types of cases, we offer an initial 30 minute consultation for which we do not charge. The purpose of this initial consultation is to review the nature of your problem, give the you an indication of whether the case is one that might be handled by Warfield & Darrah, and discuss the financial arrangements for our representation.

Can I pay by credit card?
Yes, we accept payment by Visa and Mastercard.