Legal Question in Family Law in Maryland
Defendant response to Complaint for Absolute Divorce
I have been served papers for divorce(Complaint for Absolute Divorce). I can not afford an attorney and do not qualify for aid. What is the procedure for responding to this complaint?? Do I go to my wife's lawyer or to the court office??
How do I know if I am being "taken" by her attorney?? What should I be looking for ?? Is the husband normally liable for alimony AND child support? Or does the court consider them one in the same? The reason listed for divorce is irrecconsilable differences.
1 Answer from Attorneys
Re: Defendant response to Complaint for Absolute Divorce
You should file an answer with the clerk of the court, and send a copy to your wife's attorney. In your answer you need to admit or deny the allegations contained in each numbered paragraph. Irreconcilable differences is not a ground for divorce, but if you and your wife have been living apart for a year or more, by voluntary agreement, that is a ground for divorce. As for alimony, there is no reason why you should have to pay alimony if you can't afford an attorney. Maryland has an equal rights amendment to the state constitution, which means that neither men nor women are presumed to be responsible for the support of the other party after a divorce. There are exceptions, if one party is incapable of being self-supporting, because of age, ill health, or some other reason, and the other party has enough financial resources to contribute to support. Child support is a different matter. Every parent is expected (and required) to contribute to the support of minor children, unless the parent is severely disabled and receives no income other than public assistance. Even though you say you can't afford an attorney, I suggest that you consult with one before agreeing to any settlement terms. You might find that the cost of legal representation is less than you suspect, and it may save you a great deal more long term.