I filed for divorce thirty days ago. My husband didn't complete the rebuttal. What is my next step?
My husband has been served and the 30 days has surpass. What the next step i should take? We don't have any assets or children. He's not contesting the divorce.
Contracts / Agreements Lawyer
Once you file for divorce, you need to serve your husband. Once you serve your husband he then has 30 days to answer the complaint for divorce (if he's in Maryland). If he's not in Maryland he gets 60 days to answer. You will need to wait for his answer. If he does not answer, then you would ask the court for a default. If he does answer, depending on whether the case is contested or not, you will be sent a date for a scheduling conference. You would then need to complete the discovery process, and then you would have a trial.
Contact a family law attorney to help you along the way and to see how far along in the process you are.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
4 lawyers agree
My colleague is correct. A summons will be issued to your husband and he will be served with the court papers. If he doesn't file an answer, then you may likely get a default judgment.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
3 lawyers agree
Divorce / Separation Lawyer
If your husband has not served you with his Answer within 30 days of him being served in Maryland with your divorce Summons and Complaint for Divorce (either Limited Divorce or Absolute Divorce) papers, then you can file for a default judgment.
This is NOT legal advice, is GENERAL INFORMATION ONLY, does NOT establish Attorney/Client Relationship because you have not retained me and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is merely provided to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. A Consultation, Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required if you would like to obtain my representation. Office: (410) 381-1656. David Mahood, Esq.
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Divorce / Separation Lawyer
Because you have neither assets nor children the court will likely grant your divorce by default. However, you must file the appropriate pleadings for this to occur including a valid Affidavit of Service and Affidavit of Non-Military Service. If you need assistance filling out these forms you can contact the Office of Family Services at the Circuit Court for Charles County (if this is the county where you filed) and ask them for the days and times of the pro se litigant family law clinic. Attorneys volunteer their time for free to assist people who are not represented by an attorney with filling out the appropriate forms required by the court.