Legal Question in Family Law in Maryland
what is a trial on merits? as opposed to a masters hearing for divorce proceedin
Plaintiff would like to request a trial on merits instead of requesting a masters hearing, because a previous attempt for a divorce was unsucessful because defendant could not be located. They have not lived together since 1994, she has two other children with the man she lives with. A clerk in the circuit court suggested an affidavit,(along with any other proof) from the plaintiff, verifying this would expedite a divorce. Plaintiff does not have an address for the defendant, only the city. Thank you for any info you can provide. stk
1 Answer from Attorneys
Re: what is a trial on merits? as opposed to a masters hearing for divorce proce
A trial on the merits is a hearing in front of a circuit court judge. The masters hearing is in front of a master. At the merits hearing all evidence is presented and the judge makes the decision. IN a masters hearing the evidence is presented and the master makes a recommendation.
If you are not represented by an attorney, I would recommend contacting one prior to the hearing.