Legal Question in Family Law in Maryland

Re: waiting 13 yrs for a divorce

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Regards,

Tom McCarthy, Sr., Esq.

Re: waiting 13 yrs for a divorce

I must say I've never heard of a divorce case being in court this long--or anywhere close to it.

You didn't explain why it is taking such a long time, especially if you and your husband had an agreement going into the divorce process.

Perhaps it's time to get a new lawyer--one who specializes in family law and knows his/her way around the court system. As to whether you'll owe a fee to your present lawyer, that depends on your agreement and whether and to what extent he's done any work on your case.

Re: waiting 13 yrs for a divorce

I can understand your frustration. There should be no reason to have to wait this long. Did the two of you sign the agreement and notarize the document? If so, it should be a simple matter to hold a 5 minute hearing and asking the court to incorporate the agreement into the divorce decree. You can either do it yourself or have an attorney do it. Truthfully, I would get a new attorney and tell your old attorney that you are not paying if he or she was at fault, which from your email it sounds as if it was. If the attorney mailed the forms to the wrong courthouse and then did not follow through with a proper filing in the proper courthouse, I would tell them that you don't want to pay. Get their agreement to drop the fee in writing however!

If you have any questions, give me a call at 301-652-0663.

Re: waiting 13 yrs for a divorce

I can't think of any way in which a divorce case could stay active in any Maryland court for thirteen years. The Maryland Rules provide that when there is no activity in a case for a year, the case will be dismissed. You mention conversations with your lawyer's secretaries, but not with your lawyer. Your lawyer, not the secretary, should be aware of your case and should be able to explain to you what is going on. I would question the lawyer and get his explanation of the delay, and then I would find another lawyer. If the next lawyer doesn't have your divorce within six months, I would be astonished. Absolutely don't pay your current another cent, at least until you find out his explanation for the delay.