Legal Question in Family Law in Maryland

Divorce Filed, Awaiting Papers

My husband and I are filing for an absolute divorce. We had an agreement of ''no lawyers'' as its uncontested, and we've already separated the property. I have since relocated to MA at the beginning of our separation.

He's stating that the papers have already been filed to the court, and the lawyers are sending me additional papers to sign. I'm confused as to what these papers might be. I can't really afford a lawyer, I just want this to be over with.

Is there a possiblity that I'll have to appear at a hearing in order to have this finished?


Asked on 9/27/05, 7:21 pm

4 Answers from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: Divorce Filed, Awaiting Papers

Yes, you will have to appear.

Apparently, the papers were not filed in Massachusetts according to you! Your message is a little confusing because first you say no lawyers and then you say that the lawyers forwarded you papers to sign. I strongly suggest that you retain a lawyer to atleast, reveiw the documents before you sign anything. You could hire a Massachusetts attorney for review of the documents only; however, it may be in your best interest to hire an attorney where your divorce has been filed. Good luck! Sincerely, Maria Murber

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Answered on 9/28/05, 7:06 am
Joseph Murray Joseph M. Murray, Esq.

Re: Divorce Filed, Awaiting Papers

Depending on whether there are children and whether the agreement appears fair to the Court you may be able to retain an attorney to satisfy the Court that your interests and that of any children of the marriage are fairly treated by the agreement without your needing to physically appear.

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Answered on 9/30/05, 6:18 pm

Re: Divorce Filed, Awaiting Papers

It is unclear where you filed for divorce but I will assume that it was in another state. You and your husband agreed to no lawyers, but a lawyer is sending you papers.

Two things may be happening:

1. A separation agreement or similar document may be on the way to you for approval and signature.

2. You may need to file something with the court such as a financial statement.

You may have to appear or if you like you probably can file a Motion with the Court to waive your appearance.

I would in any case ask an attorney to review the documents before I signed them. A simple review should not be very expensive or you may want to contact an attorney where you filed.

Good Luck

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Answered on 9/28/05, 12:14 pm
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Divorce Filed, Awaiting Papers

If there are no children, the chances are you will be allowed to file an affidavit indicating that you agree a) the marriage is irretrievably broken down and b) the agreement you have signed is fair and reasonable.

Your husband probably found that the papers he wanted to file were not correct. You can call the probate and family court for the county you were living in when you left. Go to ma.gov and click on judicial branch and the trial court, probate and family court, and then the county. It will give you the telephone number (you want the clerk's office or the assistant register of probate office). Or you can try information, but it's a crap shoot these days. Call when they are not likely to be very busy, after 2 PM or so, but before 4 PM. They tend not to answer the phone before closing at 4:30.

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Answered on 9/27/05, 8:25 pm


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