Family Law & Divorces
Look to The Castro Firm for dependable advice and committed representation in Delaware’s Family Courts.
At The Castro Firm, our attorneys serve Delaware clients who require assistance with issues such as: divorce, child custody and visitation, child support, alimony and/or spousal support, and property division in both simple and complex divorce cases throughout New Castle, Kent and Sussex Counties. In a divorce case, we will work closely with you to determine what you would like to achieve in the process and explain the nature of any problems that are likely to come up in your case.
We will also make sure you have a thorough understanding of your rights and responsibilities as a divorcing spouse and/or parent under Delaware family law. Whether your case involves mediation, agreement of the parties or a contested divorce situation, we will provide dependable advice and committed representation in Delaware’s Family Courts.
We also represent parents in dependency and neglect proceedings when the Division of Family Services becomes involved and takes legal custody of your children. We help to fight to get your children returned to your home and explain the legal consequences that will ensue during the process.
For additional information and to retain an experienced attorney to be by your side during these emotional proceedings, call 302.225.5700.
When you’ve been injured through someone’s negligence, the law provides compensation. The Castro Firm will show you how.
If you have been injured, you may be entitled to money and/or benefits for your injuries. Many injuries happen because someone was careless or “negligent.”Someone who is negligent may have legal responsibility to you for your injuries.
If you or a loved one has been injured in an auto accident, slip-and-fall, or other type of accident, you need an experienced lawyer who will fight for your rights to the insurance companies and others who may be responsible. You may be entitled to compensation for the following:
- Medical Bills;
- Lost Wages;
- Property Damage;
- Pain and Suffering.
In Delaware, every vehicle registered must have “no-fault” insurance. No-fault insurance means that the insurance company that insures the vehicle you are in at the time of the accident must pay your medical bills and lost wages, no matter if you were at fault in the accident or not. Medical bills also include your prescription medication expenses.
Also, your insurance company is responsible for paying the damage to your vehicle. If the accident was not your fault, your insurance company can be reimbursed by the other party’s insurance company. You have the right to have your vehicle repaired to its pre-accident condition; or, if your vehicle is totaled, you are entitled to its actual cash value at the time of the accident.
A pain and suffering award is given for your physical, mental, and emotional injuries due to the accident. This means if your normal activities of daily life have been affected due to the accident, you may recover monetary compensation. If your injuries caused you to lose pleasure and enjoyment in the activities that you were able to perform prior to your accident, you may recover additional compensation.
Let our experienced personal injury attorney that is dedicated to your case work to win victory for you and ensure you are fully compensated for your injuries. Call us at 302.225.5700.
Injury on the job can be a devastating occurrence, physically, emotionally, and financially. The Castro Firm can help!
If you are involved in a work-related injury, it can be a very difficult and even traumatic time for you and your family. It can also turn into a complicated legal matter. Delaware law is unique when it comes to injured workers. Delaware offers many benefits in an attempt to assist the injured worker. That is where the attorneys at The Castro Firm can help. Not many Delaware workers are aware of all of the benefits to which they may be entitled under Delaware law when they are injured at work. Let us help you maximize your benefits and explain the complexity of the law in a language you will understand.
An employer in Delaware who employees one or more employees is required to carry workers’ compensation insurance. Employers are not allowed to charge an employee for any portion of the expense of carrying such insurance. Further, Delaware law prohibits employers from terminating or discriminating against an employee who has claimed or attempted to claim workers’ compensation benefits. Benefits available under Delaware law may include:
- Payment of reasonable, necessary and related medical expenses;
- Temporary total disability benefits for period of time out of work beyond three days;
- Temporary partial disability benefits if there is a loss of earning capacity when you return to work;
- Permanent impairment benefits if a permanent disability results from the work injury;
- Disfigurement benefits for any scarring, burns, or amputations resulting from the work injury;
- Death benefits payable to the dependents of the deceased worker related to the work accident;
- Mileage and other out-of-pocket reimbursement for traveling to seek medical treatment.
If you are severely injured, we will visit you at your home or hospital room in Delaware or New Jersey. You can also schedule an office conference with one of our attorneys in Wilmington or Dover.
Win all that is rightfully yours from a work-related injury with an experienced attorney fighting for your victory. Contact the law offices of The Castro Firm at 302.225.570. The Castro Firm does not charge a consultation fee and only recovers attorney fees if we are able to receive compensation for you.
Small Business Law
Our attorneys can help you understand incorporation procedures and choose the right one for your company.
There are a number of Delaware small business structures entrepreneurs often consider as they start their businesses. Which structure is “best” depends on a number of factors, such as the number of owners involved, the present and future goals of the business, the wish of owners to limit their personal liability, and the desired type of taxation. The Castro Firm can assist you in deciding which company formation works best for your Delaware small business.
We assist our Delaware small business clients with the formation of their companies, whether they are corporations, partnerships, LLCs, or LLPs. Our firm also serves as a Registered Agent in the State of Delaware for out-of-state corporations.
One of the most important decisions a new Delaware small business owner must undertake is what legal structure your company will take.
The most common business structures are:
Sole Proprietorship: A single person owns this type of company. You can use your social security number and do not necessarily need an EIN Federal Taxpayer Identification Number.
General Partnership: This suits a business owned by more than one person. You can have an oral agreement to share profits in establishing a general partnership. However, a claim against one partner becomes a claim against the partnership. According to Delaware law, the partnership trade name must be filed with the Prothonotary’s Office.
Limited Liability Company: There is limited liability to all owners of this business, whether or not they are active in managing the business. This is the most popular form of business for small businesses and owners of real estate. LLC’s are now replacing general and limited partnerships. These companies require a Registered Agent and a registered office in the State of Delaware.
Corporations: Corporations have to file Articles of Incorporation when a new legal entity is created. This structure also provides for limited liability for all investors and participants, whether active or passive. This structure requires both Registered Agent and a registered office in the State of Delaware.
The Castro Firm can help you choose and establish the right business structure for your new company, with expertise and personalized attention. Contact us for the best possible legal advice.
Immigration law is complex, but The Castro Firm has full knowledge of U.S. immigration laws — for the immigrant and the employer.
Immigration to the United States can be complicated, as there are many rules controlling who may or may not be eligible for entry. There are also many rules around your immigration status as well as under what category you may qualify. There are also many rules and complications for employers.
The Castro Firm’s dedicated immigration attorneys can provide assistance on the following:
- Employment-related visas, including H-1B and H-2B;
- EB-1 (priority workers);
- EB-2 (professionals with advanced degrees or persons with exceptional abilities);
- EB-3 (skilled or professional workers);
- EB-4 (special immigrants, such as religious workers);
- EB-5 (foreign investors);
- Tourist visas;
- Family related visas, including “fiancé visas”;
- Naturalization applications;
- Removal proceedings;
- Student visas (for both academic and vocational students).
We can also assist with applications for visa extensions, change of immigrant status, and access to the diversity lottery program.
For employers, we have developed a special Form I-9 audit compliance review program to assist employers in remaining fully compliant with record completion and retention, thus avoiding significant monetary and other penalties assessed by the government resulting from non-compliance. We can also represent your company at Form I-9 examinations.
You can trust The Castro Firm to handle your immigration matters with the highest level of expertise. We dot every “i” and cross every “t” to ensure legal accuracy. Call us at 302.225.5700.
Wills & Probate
The Castro Firm can document all your wishes regrading your assets and your cared for if you’re incapacitated.
We highly recommend that every adult in Delaware consider having a Will, Power of Attorney, and Living Will/Advanced Health Care Directive. Seek competent advice from a Delaware lawyer who practices in this area before you consider drafting such an important legal tool. The Castro Firm can help you make choices you are comfortable with, and you will leave our office knowing that you have secured control over your financial assets and medical procedures.
Wills in Delaware
Do you need a Will in Delaware? In Delaware, a Will is generally used to spell out how a person wants their assets divided at the time of their death. It may also address the payment of debts, conditions upon certain gifts to certain individuals, or other matters. A Will in Delaware should be drafted as part of an overall estate plan for an individual or married couple.
Power of Attorney in Delaware
A Power of Attorney in Delaware is a legal document used when you want to appoint another individual to act on your behalf, sometimes called a “Durable Power of Attorney.” It is called “durable” because it survives incapacity, either physical or mental. A Power of Attorney in Delaware is created for your medical and financial concerns if something happens requiring that someone step in and make decisions for you. Signing a Durable Power of Attorney in Delaware can eliminate the expense, effort and need for a Guardianship Petition to be filed.
Living Wills/Advanced Health Care Directive in Delaware
A Living Will or Healthcare Directive in Delaware is a legal document that allows you to control certain medical procedures that you may have to undergo by stating what medical procedures you do or do not want performed under certain circumstances. You can appoint a person who you trust to make those decisions and speak to your doctor on your behalf, if you are unable to speak for yourself. Without a Living Will/Advanced Health Care Directive in Delaware, a physician may feel compelled to perform medical procedures that you may not have wanted. It allows you to keep the control over what medical procedures you will or will not accept.
Call on The Castro Firm to secure your peace of mind. Let us draft your will, your living will and legally name your power of attorney. Call us today at 302.225.5700.
The Castro Firm will help you fight for your rights as an employee.
In the United States, it is illegal for most private employers to discriminate against their employees on the basis of age, race, gender, or disability. Further, recent changes in federal law have made it illegal for employers to discriminate on the basis of sexual orientation, pregnancy, and possibly also gender-identification. Additionally, it is illegal for an employer to take retaliatory action against an employee for reporting illegal discrimination or conduct by the employer.
The experienced employment law attorneys at The Castro Firm can assist you with the following:
- Filing a “Charge of Discrimination” with the federal Equal Employment Opportunity Commission (“EEOC”) and/or the Delaware Department of Labor (“DDOL”);
- Filing a state or federal lawsuit once you have received a “Right to Sue” letter from the EEOC or DDOL (remember, once you receive your “Right to Sue” letter, the clock is quickly ticking on your ability to file a successful lawsuit against your employer or former employer);
- Negotiating and/or settling a claim of discrimination with your employer or former employer.
Employment law is very complicated and involves many important and non-negotiable deadlines under both state and federal laws. If you wait too long to bring a claim against your employer or former employer, it may be too late to get justice.
If you believe you have been discriminated or retaliated against by your employer or former employer for one or more of the reasons listed above, contact the experienced employment law attorneys at The Castro Firm.
The Castro Firm can protect your interests and handle the complicated process of real estate transactions with personal care.
Buying or selling a home in Delaware is an exciting event. Although Delaware real estate transactions are controlled by complicated federal and state laws, having a good Delaware real estate attorney on your side to help you navigate this process can protect you from making costly mistakes that could possibly later lead to litigation or other expensive legal action.
Top 10 factors to consider when choosing a good Delaware real estate attorney:
- Experienced staff
- Friendly staff
- Knowledge of the law
- Meticulous preparation of your documents
- Speaks your language!
If English is not your first language, The Castro Firm provides settlement assistance in both English and Spanish, in order to meet the needs of our clients and to ensure that our clients have the proper understanding of all legal documents that are signed at settlement.
We work closely with our clients and their real estate agents and lenders to handle all aspects of the closing process, whether they are purchasing a new home or refinancing their current home. We have office locations in Wilmington and Dover. The settlement can also be done at your realtor or lenders office.
The Delaware real estate settlement process in a nutshell:
The Delaware real estate settlement process may last between 30 minutes to 2 hours depending on the complexity of the documents, how many individuals must sign, and other factors. Some important documents that you will see at the settlement table include:
- Rider to the Note or Mortgage
- Transfer Tax Affidavits
- Itemization of Amount Financed
- Notice of Right to Cancel (refinances only)
- Closing instructions
- HUD form
Let the experienced Delaware real estate attorneys and staff at The Castro Firm conduct your settlement (in English or Spanish) so that the process will run smoothly and you can spend more time in your new home!Call us at 302.225.5700.
Mediations are a cost-effective and peaceful alternative to litigation. It allows for a potential settlement of a dispute or family law controversy by utilizing an independent, unbiased and experienced person between two contending parties in an attempt to aide in a resolution of their disagreement. Mediations and arbitrations are a form of alternative dispute resolution, which can be an effective mechanism to resolving conflict between two or more parties. Mediations can minimize the harm that can come from disagreements by allowing both sides to be heard by a neutral party.
A trained and experienced mediator who is certified can effectively assist the parties to negotiate a settlement of their dispute. The process is private and confidential and can result in a Mediation Agreement that is enforceable under the law. Mediation has become a more peaceful and widely accepted mechanism to end conflict.
Mediations also increase the control and time-table parties have over the resolution of their dispute. In family law and other litigation matters, the parties stipulate to a mediator who will facilitate the mediation by using various techniques to improve dialogue and compassion between the parties in a dispute. The ultimate goal being an agreement of their legal matter. Once this is accomplished, the litigation may come to an end, thereby saving parties the continued costs of litigation and legal fees. More importantly, the parties save time by not having to wait for their trial date to come, which sometimes can take years.
The parties have to agree to work mutually toward a resolution or mediation becomes ineffective. The parties should have an understanding and be open to the other side’s position. The added benefit of mediation then becomes preserving the relationship the parties had prior to their dispute.
If you have a dispute and believe a mediator can assist you to come to a resolution of your legal matter, call The Castro Firm, Inc. and schedule a mediation with one of our court certified mediators today. The Castro Firm, Inc. handles mediations in the areas of: divorce, property division, custody, car accidents, slip and falls, workers’ compensation, employment and contract disputes.
Let the experienced Delaware real estate attorneys and staff at The Castro Firm conduct your settlement (in English or Spanish) so that the process will run smoothly and you can spend more time in your new home!Call us at 302.225.5700.
Tabatha L. Castro
Born to Puerto Rican parents, Ms. Castro is a native of New York and moved to Delaware in 1998, where she resides in Bear with her fiancé and two energetic and creative children, Jacob, who is 17 years old and Mia, who is 9 years old.
She is a graduate of the University at Buffalo and Buffalo State College, earning her Bachelor of Arts degrees in Latin American Studies and Legal Studies and her Master of Science degree in Criminal Justice. She attended Widener University School of Law (now Delaware Law School), where she was on the Moot Court Honor Society and founded the Latin American Law Student Association.
Ms. Castro is the President and Managing Attorney of The Castro Firm, Inc., a minority and woman-owned law firm. She is licensed to practice law in the states of Delaware and New Jersey. Ms. Castro is admitted to practice law before the United States Supreme Court, Federal District Court of Delaware, Delaware Supreme Court and New Jersey Supreme Court.
Tabatha worked as a law clerk and then became associated with the law firm of Doroshow, Pasquale, Krawitz & Bhaya. Thereafter, she practiced for the regional defense firm of Marshall, Dennehey, Warner, Coleman & Goggin as an associate attorney specializing in the area of insurance defense. Recognizing her legal ability, she became associated with Rapposelli, Castro & Gonzales and ultimately became the President and Managing Attorney of The Castro Firm, Inc., serving clients in Delaware and New Jersey since 2006.
She is a member of the Melson/Arsht and Judge Randy Holland Inns of Court and the Immediate Past Chairperson for the Multi-cultural Judges and Lawyers section of the Delaware State Bar Association. Ms. Castro was appointed to the Advisory Council of the Women’s Business Center in Wilmington. She also serves on the Executive Boards of the Delaware Hispanic Bar Association and the Hispanic Bar Association of New Jersey (Trustee for Cumberland, Salem and Gloucester Counties). Ms. Castro co-founded “Latinos Unidos,” which is an affinity organization through the United Way of Delaware and sits on the Steering Committee for the First Generation Lawyers at Delaware Law School.
Pamela A. Stampp
Pamela A. Stampp has overall, more than 27 years of experience as an attorney and has developed expertise in several areas of law including immigration, banking and financial law, contracts and transactional matters.
Over the past 13 years, Mrs. Stampp has assisted many immigrants with various immigration issues including, family based Petitions, Adjustment of Status, Consular Processing, Waiver applications, VAWA and U-VISA applications, removal defense, Form I -9 compliance audits as well business and investment based immigration applications.
Since joining the Castro Firm, Inc. as the managing Immigration attorney, Mrs. Stampp has also embarked on a very active program of community education on Immigration issues through numerous seminars, workshops and training programs throughout Delaware, as well as through a number of newspaper articles and television appearances.
In March 2013, Mrs. Stampp had the privilege of being invited by the United States Senate Committee on the Judiciary to provide testimony on “Building an Immigration System Worthy of American Values”, as part of the deliberations on the Immigration Bill by the Senate.
Mrs. Stampp currently serves as a Board member of the Bear Glasgow Business Association, in the capacity as Director of Ethics and Corporate Governance.
Prior to her Emigration to the U.S. Mrs. Stampp spent over 9 years as Legal Counsel to the Central Bank of Jamaica, the principal banking and financial services regulatory agency in Jamaica. Her primary responsibilities included recommending and initiating intervention action such as Cease and Desist Orders, Directions, or Board Undertakings when institutions were found non compliant with statutory guidelines or failed to conduct their operations in a safe and sound manner.
As a senior member of the Financial Institutions Supervisory Division, Mrs. Stampp was also involved in policy making and legislative initiatives to enhance the financial regulatory environment and was responsible for drafting regulations on key issues such as the Qualification of Auditors of financial institutions as well as Anti- Money Laundering Guidance Notes for implementation by financial institutions.
New York – 2003
Jamaica – 1988
Bank and Credit Risk Analyst – accredited by the Board of Governors of the Federal Reserve;
Certified White Collar Crime Investigator
Melissa M. Green
Melissa is an attorney with the Castro Firm. Prior to joining the Firm, she worked for several years at a large Philadelphia law firm, handling civil litigation and white-collar criminal defense matters. For the Castro Firm, Melissa handles a variety of personal injury and family law matters. Melissa is licensed to practice law in Delaware, Pennsylvania and New Jersey.
Melissa attended the Thomas R. Kline School of Law at Drexel University, where she graduated fifth in her class and received the American Law Institute’s Scholarship and Leadership award. During law school, Melissa was a judicial intern for the Hon. Gregory Sleet of the United States Federal Court for the District of Delaware, as well as for the Commonwealth of Pennsylvania’s Philadelphia Tort Litigation Unit. Melissa also was President of Drexel’s Moot Court team, and participated in the prestigious Jessup International Moot Court competition, winning numerous awards for oral advocacy.
In addition to working with the Castro Firm, Melissa operates her own law practice focusing on education law and legal advocacy for families of students with special needs. Melissa also serves as a volunteer attorney with Delaware Volunteer Legal Services and as a Guardian ad litem for Delaware’s Office of the Child Advocate, representing children in Delaware’s foster care system. Melissa lives in Wilmington with her husband Dan and their dog Khan.