As a public service, we are pleased to showcase some of the questions we frequently address in client representation.

What areas of the law does your firm handle?

The Law Office of Stanley E. Protokowicz, Jr., P.A., concentrates on Divorce, Custody, Child Support, Criminal Defense, DWI/DUI Defense, Personal Injury law and Wills/Estates.

Where do you practice law?

Generally, the Law Offices of Stanley E. Protokowicz handles cases in Harford County, Maryland, but sometimes does practice in other jurisdictions.

I believe that I have been injured - now what do I do?

With personal injury cases, it is often difficult to determine for yourself whether you have a valid claim for damages. There are many legal factors that contribute to the legitimacy of a personal injury claim, including the Statute of Limitations - the time period starting from the moment of the injury within which the claim must be filed.

The best way to find out if your claim is substantial enough for you to be eligible for compensation is to call us. We know which questions to ask, and can help you understand your legal options.

If you have JUST been injured, you should immediately get treated by a doctor, and carefully follow all instructions and advice received. Do not talk to anyone except your doctor until you have contacted a lawyer; do so within 24 hours of the injury. Keep all pertinent information, and bring it to your consultation.

How much do your services cost?

In personal injury cases, our fees are determined solely on a contingency basis. This means that you only have to pay a fee if we recover financial compensation for you. If no money is awarded, you generally do not have to pay any fees to the firm at all, although costs and expenses may be payable at the conclusion of the case.

In other matters such as Family Law, Wills and Estates, DWI/DUI and others, due to many circumstances, costs cannot be given without meeting with you to discuss all factors. However, fee structures and expectations are clearly stated to you in your initial consultation.

If I am pulled over for suspicion of drunk driving, what should I do?

Cooperate with the officers; be polite and respectful. Do not volunteer ANY information. Contact a lawyer as soon as possible.

Why do I need a will? What does "probate" mean?

According to Black's Law Dictionary (5th Ed., 1979), a will is "a written instrument executed with the formalities required by statutes, whereby a person makes a disposition of his property to take effect after his death." Translated, this means that a will is a legal document, filled out and signed as required by law, that determines what becomes of everything a person owns after he or she dies.

Probate (from the latin "probare": to prove) was originally understood to be "a court procedure by which a will is proved to be valid or invalid"; however, in current usage the term has been expanded to generally include all matters and proceedings pertaining to the administration of estates, guardianships, etc.: as set up by the will, or by statute.

So, with a will, you are able to dictate where your property and money go, and the probate court will enforce it. But if a person dies without a properly executed will in place, that person is declared to have died "intestate," and that person's property and money are disbursed by the probate court according to strict laws, rather than as per the decedent's wishes.

I believe my spouse is contemplating filing for divorce. What can I do?

Get informed and be prepared by consulting a lawyer.

What are the mechanics of an action for divorce?

An action for dissolution of marriage, or a divorce, is a lawsuit brought by one spouse against the other. The process starts by filing an original action for divorce; this is nothing more than a letter drafted and couched in legal terms written to the court telling the court what that person wants. It is answered by either an original answer, or by an answer and counter-action. Similar to the original action, the answer or counter-action is a document which tells the court what that person wants.

Maryland has two kinds of divorce: limited and absolute decrees. The limited divorce is sometimes referred to as a Legal Separation: the parties may not remarry, but most other links between them are severed, and all matters of custody, property, etc., have been concluded satisfactorily to both parties. An absolute divorce terminates the marriage and allows each partner to remarry.

Does it matter who first brings the action?

The person who brings the case first gets to talk first. Some lawyers swear that there is an advantage to being first; others say it doesn't really matter. There is no negative connotation attributable to the spouse who brings the action or to the person who responds to the action. However, "first impressions are lasting impressions."

If family violence has been a part of your life, you need to take action. It is more credible for a victim of family violence to bring the action first.

What percentage of divorce cases are settled versus tried in court?

Nearly all of them! It is the policy of the State of Maryland that parties are to try and resolve their conflicts without court intervention other than granting the divorce. Nonetheless, it usually takes significant legal action to bring the parties to a mutually agreeable resolution.

Does one spouse have to prove fault on the part of the other spouse in order to obtain a divorce?

Not any more. Maryland is a no-fault divorce state. No spouse has to "give" the other spouse a divorce anymore. However, a no-fault divorce does require the informed consent of both the husband and wife as to all relevant facts and dispositions, including custody of children, settlement of property, division of assets, etc.; it also requires that both parties affirmatively state that each of them wishes to end the marriage. Lastly, a no-fault divorce requires sworn testimony that the parties have acted consistently with this aim for at least one year (no cohabitation during that time, no duress, etc.). Without such mutual consent, the older causes of action (desertion, adultery, etc.) come back into play, and the divorce takes a lot longer (and is usually a lot more expensive!).

If my divorce is settled out of court, must I still go before a judge?

Yes. Only a Circuit Court Judge can grant a divorce. Once all the documents are in order, one of the parties, with that party's attorney, will go before the judge or a Master to "prove" the divorce, accompanied by a witness who can vouch for the truth of various assertions. The lawyer for that party will ask a number of questions both of the party and the witness, which mostly require only a yes or no answer. The actual hearing takes only about 15 minutes.

Can you tell me how much I can expect to receive for Child Support for my child(ren)?

Select this link for a detailed explanation of Maryland's Child Support Guidelines; select this link to access an estimated Child Support Calculator. However, Child Support payments for either party in a divorce are based on many factors. Please consult a lawyer for specific information.

May I withhold visitation because my spouse will not pay child support?

No. Not ever. If you withhold visitation because a spouse will not pay his or her child support, you are taking the law into your own hands and may be held in contempt of court.

May I stop paying child support because my spouse will not give me my visitation and access?

No. Not ever. For the same reasons as in the question above, if you withhold child support because a spouse will not allow you to exercise your visitation, you are taking the law into your own hands and may be held in contempt of court.

How is property divided in a divorce?

All property of the divorcing couple is held to be marital property (owned jointly by the husband and wife) unless proven to be separate property by clear and convincing evidence. The division is that which is just and right in accordance with the courts ruling. Generally, you are looking at each party receiving one half of everything, unless some circumstance or consideration indicates otherwise to the court. For example, a number of different factors such as unequal earning power, extent of separate property, and fault in the marital relationship can effect the division.

Can I get alimony?

Yes, you can get alimony, if you qualify. There are a number of factors involved and it may be awarded for a limited amount of time (rehabilitative alimony) or for an unspecified amount of time (indefinite alimony).

What does a divorce cost?

Fees are be based upon the time and labor expended, the complexities of the issues involved, the degree of difficulty of the matter, the results achieved, the County of venue for the divorce, and any extraordinary time or demands placed upon an attorney which would prevent an attorney from representing other clients.

Can the court make my spouse a better person?

Not a chance. Seriously, though, this question, however silly it might seem, is often insinuated in a roundabout manner by clients. Many people facing a divorce seek or take actions based on their belief that somehow they can convince a court to "make" their spouse a better person. It doesn't work that way. The only thing a court can do is enforce its orders. Bottom line: the court is not going to change your spouse.

How soon can I come in?

Emergency appointments are available on an "as-needed" basis; all other concerns are scheduled over the phone. Please call 410-836-5072 or 410-803-1839, or select this link to contact us via the internet.