Legal Question in Family Law in Maryland

Summoned to File a Response

I am currently residing in MA, however the marriage took place in MD, and that is where my spouse still resides. We have been voluntarily separated for over a year. I've (finally) received my Writ of Summons regarding the Complain for Absolute Divorce. I've been summoned to file a written response by pleading or motion. All property has been separated, all finances have been separated, and all issues have been resolved. This is also stated in the Complaint.

I am questioning 6.B. which says ''And for such other and further relief as the nature of his cause my require.'' which is stated after he prays that he be granted an absolute divorce. Is this is ''legal jargon'' or does it mean that he can ask for any sort of damages?

Also, I have the Answer to Complaint form that I downloaded from the Courts website. How do I file this? Do I simply mail it to his lawyer? Or do I have to file it through the court? How do I do this from 8 hours away?

Also, I'm under the assumption from my own research that if I agree with the terms, I can just not file the response and have the judgement ordered against me and then its final. Is this true?

Thank you,

JF


Asked on 12/07/05, 11:38 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Summoned to File a Response

Para. 6B is just legal jargon--don't worry about it. If the complaint only asks for the divorce and nothing else, that's the only thing that will be granted to your husband.

Your answer need only say that you admit everything in the complaint and do not oppose the granting of a divorce. You need to include a statement that you have sent a copy of the answer to your husband's lawyer. Mail the original answer to the clerk of the court and a copy to your husband's lawyer.

His lawyer should have also sent you a court document that states that the case is uncontested. When you get that, you need to sign it and return it either directly to the clerk of the court (if already signed by the lawyer) or back to the lawyer. Once this document is filed, a short hearing will be scheduled before a judge or master, at which your husband will present the necessary evidence to qualify for a divorce. If you have a written agreement regarding your finances, it will become part of the divorce decree.

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Answered on 12/07/05, 2:16 pm


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