I filled for absolute divorce on 01/17/2013. Summons Issued Defendant on 01/12/13. Affidavit of Service, filed on 02/05/2013. I have still not heard from the court as of today 03/26/13. What is the best step for me to take? Both myself and my wife agree to divorce, but havn't got any letter from the court yet. Please advise
Family Law Attorney
Generally, a court date will not be set until the other party, files an Answer to your Complaint. The Court has Answer forms available at the Clerk's Office and online. Your wife will need to complete and file this form with the Court, if she has not already. A court date will not be set until she files an Answer or you file a Motion for Default.
If she has filed an Answer already, then I suggest contacting the Clerk's office directly to get an update about the status. The type of hearing scheduled will depend on what information you included in your Complaint for Divorce and your wife's response. For example, if there are custody, child support, or property issues, then the type of hearing scheduled will be significantly different than one involving an uncontested divorce. If you are unsure in any way of your wife's position about your divorce, then I strongly suggest you consult with an attorney in your area who can assist you with the next steps..
This response does not intend to serve as legal advice, but only as general guidance. In order to receive specific advice relevant to your question, you should contact an attorney in your state.
2 lawyers agree
Family Law Attorney
It's been my experience that the Court issues a Notice of Scheduling Conference once you've filed Proof of Service, assuming no deficiencies in that pleading, and is not dependent upon the other party's Answer. If this was filed in Prince George's County, be patient, that courthouse is very busy and there it sometimes take weeks for the Clerk's office to issue the Notice. If it's Montgomery County, you should have received something by now. In either case, you can always call the clerk's office or search the case online at: http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp. Good luck!
This answer is provided for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship between the author and the reader. The author is an attorney licensed to practice law in the State of Maryland and the article is based solely on Maryland law.
3 lawyers agree
Chapter 7 Bankruptcy Attorney
You can call the clerk's office to find out status of case. It is probably on hold until either an answer or affidavit of default is filed. given the uncontested nature of the case, filing an answer is probably the easiest way to get this done. An attorney would likely charge a nominal amount to prepare this for your wife assuming that there are no issues to contest. However, you can and should expect an attorney to ask questions to make sure your wife understands what she is doing and any settlement is fair.