Filed for divorce 30 days ago, what's my next step?

Asked over 1 year ago - Indian Head, MD

I filed for divorce thirty days ago. My husband didn't complete the rebuttal. What is my next step?

Additional information

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.

Attorney answers (4)

  1. Bennett James Wills

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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... more
  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  3. David Raymond Mahood

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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... more
  4. Tracy Michelle Delaney

    Contributor Level 7

    Answered . 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.

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