The procedures for a divorce case in
For the average person with no legal
experience the Court system can seem daunting and
frustrating because of the various rules and procedures
that everyone needs to follow. Basically, this is what
- A Complaint or Motion gets written and filed
with the Court. This is often called the initial
pleading. (You can do this yourself in what is
called ProSe or my a
qualified and experienced lawyer.) The Court
also requires you to file what is called an Information Sheet
for organizational purposes. If alimony or child
support is requested your
MUST file a
Financial Statement with your pleading, if you don't
your case is subject to dismissal. There will be a fee to file unless you
ask for a waiver due to hardship.
- The Court will then issues a summons and will
then return your pleading back to you for service.
The summons can be served by the sheriff or someone
over 18, but if you use someone to server the
pleading, you who must submit an affidavit to the
Court that the other party was served the papers.
YOU CAN NOT SERVE THE
- The summons must, depending where the other
party lives will have 30 days if they live in
Maryland or 60 Days if out of state to file an
answer or other responsive pleadings. If they do not
answer then you must file a Default Motion and an
affidavit they are not in the military service.
Please note that if the person lives outside the
United States they will have longer to answer and
may not be subject to our laws.
- A scheduling Order will then be established once
the parties have filed their answers. This sets time
for discovery to learn about assets, experts and
other factual matters. They may also set you in for
mediation or parenting classes. The Court can also
set a Pendete Lite
hearing to set child support, access, spousal
support and suit money to name a few.
- Many Courts have settlement conferences or
status conferences to see where the case is headed
and help to settle. You may get a trial date at that
- On the trial date you will present your case for
judicial determination. If you do not like the
decision of the Court you have a right to file post
trial Motions or ask an Appellate Court to review
the lower Courts decision.
Remember that this is general
information and you should seek the advice of a
qualified attorney to help you through this process.
REAL LAWYERS-FOR REAL PEOPLE-WITH REAL
CONSULTATION (301) 738-5700
Maryland divorce and family lawyers,
also serving the District of Columbia and the Nations. Our
Maryland divorce attorneys understand the law to better help
YOU SHOULD REMEMBER THE INFORMATION
THAT YOU READ HERE IS GENERAL IN NATURE AND NOT MEANT TO BE A
SUBSTITUTE FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY. ***ANY
COMPANY MENTIONED IN OUR ARTICLES SHOULD NOT BE TREATED AS A
SPECIFIC RECOMMENDATION OR ENDORSEMENT. THIS INCLUDES ANY BANNER