Marriages can come to an end for countless reasons, and it is often a decision that is not made lightly. Among the different legal methods of ending a marriage, one is through the process of divorce. In the state of Maryland, as well as in many other states, divorce can be granted based on either fault or no-fault grounds. However, when the spouse who initiates the divorce action does not receive a response from the other spouse, they may choose to file for what is known as a divorce by default. This article delves into the intricate details of what happens next when such a divorce is granted in Maryland.
Understanding Divorce by Default in Maryland
Divorce by default is a specific type of divorce granted to a petitioner, who is the party seeking the divorce, when the respondent, the spouse who has been served with the divorce papers, fails to respond to the petition within a specified period. In Maryland, the respondent has a timeframe of 30 days from the date of being served with the divorce papers to file a response.
In the event that the respondent fails to file a timely response, the petitioner can ask the court to grant a divorce by default. The court will then proceed to grant the divorce based solely on the terms and conditions presented in the petitioner’s complaint.
The Process of Obtaining a Divorce by Default in Maryland
Initiating the process of obtaining a divorce by default in Maryland begins with filing a complaint in the circuit court where the petitioner resides. It is crucial for the complaint to clearly state the grounds for divorce as well as the relief that the petitioner seeks. Following the filing of the complaint, the petitioner is required to ensure that the respondent is served with a copy of the complaint and a summons.
Once the respondent has been served, they have a period of 30 days to file a response. However, in the event that the respondent fails to file a response within the given timeframe, the petitioner can proceed to file a motion for entry of default. This motion must indicate that the respondent was properly served, has not filed a response, and include an affidavit of service.
Upon verifying that proper service was indeed made and the respondent failed to respond, the court will enter a default order against the respondent. Subsequently, the petitioner has the option to file a motion for default judgment, with the intention of obtaining the court’s final decree of divorce.
The Court’s Decision
Upon the filing of a motion for default judgment, a hearing date is typically scheduled. During the hearing, the petitioner must present evidence demonstrating that they have fulfilled all the necessary requirements to be granted a divorce. Furthermore, the petitioner must establish that the terms stated in their complaint are fair and equitable.
Once the court is content with the evidence provided by the petitioner and believes that the terms outlined in the complaint are just, a final judgment of divorce will be granted. This judgment typically encompasses the specific terms of the divorce, such as the division of property, alimony, child custody, and child support.
Appeals
Maryland’s divorce laws make provisions for an appeal process. Should either spouse believe that the court improperly granted the divorce by default or that the terms of the divorce are not fair or equitable, they have the right to file an appeal. It is important to note that an appeal must be filed within 30 days of the entry of the final judgment of divorce.
Conclusion
Divorce is a complex process that can be emotionally draining for all parties involved. Filing for divorce by default is an available option for those seeking a divorce when the other spouse does not respond. If you are contemplating filing for divorce by default, it is crucial to consult with an experienced family law attorney to ensure that you possess a comprehensive understanding of the process as well as to protect your rights. While default judgments may initially seem like an expedient way to terminate a marriage, it is vital to strive for a fair and equitable outcome that sets the groundwork for a positive future.