Confused on what to do on a divorce case and how to file an answer to a non contested divorce

Asked over 1 year ago - Baltimore, MD

I received a writ of summons without a complaint attached to it from the court filed by my husband some weeks ago. Was told was a divorce when i called the court so now am confused.The paper says that personal appearance in court not needed but given 60 days to reply or the the case will be granted by default. Now that i don't have the complain with the writ of summon should i call the copy center and request for one, and also did the 60 days to reply the letter start from the day i got the writ of summons , if i don't reply and its done by default is there going to be appearance in court, fine or anything of sort on my part and finally what form do i need to be able to reply (don't want to contest it) for the divorce. NB i stay out of state that is why i was given 60 days.Thank you

Attorney answers (2)

  1. Bennett James Wills

    Pro

    Contributor Level 17

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    Answered . You should have received a copy of the complaint and attachments with the summons. Since you were served out of State, you have 60 days to file an answer. You can do this yourself by going to the Maryland Judiciary web site and using the Answer form. http://www.courts.state.md.us/family/forms/domr.... But you may have a lot of issues that you don't expect. I would suggest hiring an attorney to handle the matter for you, but do it quickly.

    This is not legal advice nor does it create an attorney-client relationship. This is for education and... more
  2. Jeffrey P Nesson

    Pro

    Contributor Level 14

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    Lawyer agrees

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    Answered . did your spouse file pro se or with an attorney? A phone call to get the complaint shouldn't be a problem. Accepting your statement that there are no issues, then you can file an answer "admitting" allegations assuming all statements are true and request the divorce be granted or you can just ignore the summons and eventually the divorce will be granted anyway. BUT, if you have any issues whether alimony, child support, visitation, personal property distribution, pensions, etc, then you do need to contact an attorney.

    This is not to be considered legal advise and no attorney client has been established.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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