Legal Question in Family Law in Maryland

During my divorce in Maryland, I was awarded full physical custody of my son and my ex-husband got joint legal. We had a mediation later which we both signed but were never entered into court and signed by a judge. My ex served me with papers to sign them again, but I didnt want to sign without changes. I was given 90 days to respond and asked for a continuance because I had just had surgery, would be having more and could not respond to the best of my ability. I filed the continuationrequest with the court and it was accepted. I was never notified that a new court case had been scheduled, or issued a notice to appear. My ex-husband now tells me that I have missed a court date. The point of it was to get me to sign papers for mediation. What happens now?


Asked on 8/20/12, 1:55 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

It depends on what happened at the court hearing you missed. If an order was entered that you would have opposed, you can file a motion to stay the order and to set a new hearing on the basis that you were not informed of a court date. As to the specific issue, if you signed a mediation agreement which essentially you are not trying to change or get out of, the court is not likely to look kindly in that absent changed circumstances that call for a modification of the agreement.

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Answered on 8/21/12, 6:39 am


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