Legal Question in Family Law in Maryland
I filed for contested divorce based on constructive desertion and for child custody in Maryland USA.
However in the meantime I traveled to Europe, to the country where I and our 3 children are citizens, where I was offered a job.
My husband has not responded yet to the complaint.
I would like to dissmiss the case and file for divorce in my current residency.
My understanding is: if my husband agrees, and will not file a response, the case can be dissmissed in Maryland.
My Q are:
1.How and when?
2. In case my husband decides to continue with the divorce process by filing a counterclaim ,
can I still start a paralel process in a country where I am citizen, my husband is a permanent resident?
In USA we both resided on H1B resp H4 visa., 2 of the 3 children are however also US citizens.
3,Can I request the court to dissmiss the case without his consent based on the fact that currently I have no legal status in Maryland, in USA?
Or on base could I request the court to dissmiss the case without my husbands consent?
1 Answer from Attorneys
If your husband has not responded to your divorce suit, you do not need his consent to dismiss the case. All you need to do is file a Notice of Dismissal in accordance with Maryland Rule 2-506(a). Run, don't walk, to the courthouse to do this, before your husband files an answer to your suit.
As for the viability of any action in your country of citizenship, you should speak to domestic relations counsel there to get answers to your questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
