Q. Tell us about yourself and your practice
A. My name is Alphonso Stafford Hearns Esq. I am licensed to practice law in the State of Maryland. Approximately eighty-five percent 85% of my practice is dedicated to Family Law (divorce separation agreements custody visitation and child support). I also represent clients in the areas of Domestic Relations (i.e. Protective Order and Peace Order hearings) traffic violations and personal injury. I am currently in the process of developing a series of pro bono workshops to inform people of the steps they could take prior to filing for divorce or custody that may improve their chances of success in court.
Q. Do you offer a free initial consultation?
A. My Firm offers free initial consultations that last approximately fifteen (15) minutes. However we also offer a more in depth initial consultation that lasts approximately forty-five (45) minutes at a cost of $100.00. Initial consultations are held in my office or on the telephone depending on the client’ s preference.
Q. How long do you take to process a divorce?
A. I usually draft and file the Complaint for Absolute Divorce within one (1) week of being retained. There are two (2) types of divorce cases in Maryland uncontested and contested. An uncontested divorce simply means that the parties agree on every aspect of the divorce including (i) the grounds for divorce and (ii) the requested relief. An uncontested divorce could be finalized in as little as four (4) months from the date of filing. However a contested divorce is the exact opposite. The parties engaged in a contested divorce may not agree on anything and will therefore be required to litigate any unresolved issues. As such a contested divorce could take as long as nine (9) months to finalize from the date of filing and could require three or more court appearances.
Q. What is your billing and payment procedure?
A. We generally require that all clients submit a retainer prior to representation. However we offer payment plans and reduced fees on a limited basis to some clients depending on (i) the financial strength of the client and (ii) our availability to accept additional cases on a reduced fee basis. We mail invoices to all active clients every thirty (30) days and we accept payment in the form of cash check credit card and debit card.
Q. Will one have to go to court at any time during one’s divorce?
A. Clients are required to appear at all scheduled court appearances. In the event that a client fails to appear in court the Judge will have the option of dismissing their case or granting the opposing party the relief they are requesting.
Q. What is a marital settlement agreement in a divorce?
A. A marital settlement agreement is a great opportunity to take destiny into your own hands in lieu of allowing the most important decisions in your life to be made by a person that has never met you or your family and who will never experience the pleasure of living with the consequences of their decisions concerning your life. When parties decide that they would like to resolve their differences in an amicable manner a martial settlement agreement is a great way to achieve that objective. A marital settlement agreement could resolve every conceivable issue between the parties. Such an agreement could resolve custody visitation child support alimony and marital property issues. A marital settlement agreement could be negotiated and finalized prior to filing for divorce or at any stage of your divorce right up to the day of your divorce hearing.
Q. Who receives custody of the children in a divorce?
A. When faced with the issue of custody the Court considers several factors including but not limited to the following Where did the children reside prior to appearing in court (with mother or father) The length of time the children have resided with one party prior to appearing in court Have the children thrived while in the care and custody of the custodial parent The character and reputation of each party Whether there have been any agreements between the parties concerning custody and visitation Whether the parties have formed an agreement by virtue of their behavior (i.e. one party leaves the marital home with the children but allows the children to spend every weekend with the opposing party). The court will likely view such a pattern of behavior as an actual agreement regardless of whether anything is in writing The mental health of the parties and Whether there has been any domestic violence involving the children and/or parties. Additionally any of the following factors would likely have an adverse impact on your chances of winning custody Relocating to a different part of the country prior to the conclusion of your divorce/custody case A felony criminal conviction Use of illicit drugs and/or Voluntary abandonment or surrender of custody (i.e. one parent vacates the marital home allowing the children to remain in the marital home with the opposing party). Depending on the facts of each case there are several additional factors that the Court could consider prior to deciding the issue of custody. In my experience I have found that it is very difficult to convince a Judge to remove children from a parent when the children have thrived under the custody and care of that parent. However in general either parent (Mother or Father) could be awarded custody depending on the facts of the case.
Q. What happens if one party refuses to sign the papers?
A. Unless the Court has ordered a party to sign papers there is no way to compel a party to sign papers. Therefore what may have began as a conciliatory uncontested divorce will become a contested divorce case if one party refuses to sign the papers.
Q. What happens if no negotiation is reached?
A. If the parties are unable to negotiate the divorce will be contested and may require multiple court appearances over the course of several months. |
