Legal Question in Family Law in Maryland
Uncontested, Absolute Divorce Complaint
My husband and I were married for 5 years. I filed an uncontested, absolute divorce complaint in MD for the grounds of two-year separation. His answer to the complaint was filed with no denials to any statements or counterclaim, but the divorce has not yet been granted (still in process). We never filed a separation agreement, nor do either of us have attorney representation. We have no children, and neither of us is requesting alimony. Additionally, we are not asking the court to make a decision about houses, pensions, motor vehicles, or investments. My questions are: Legally, how and where would we document what we�ve verbally agreed upon as it relates to the houses, pensions, motor vehicles and investments? I know there are quit claim deed forms for the houses, but is there a standard form for all other assets? We both want to ensure all items are addressed, leaving no chance for surprises later.
2 Answers from Attorneys
Re: Uncontested, Absolute Divorce Complaint
You need to have an experienced family law attorney prepare a marital separation agreement that spells out your agreement. Then, when you go for your divorce hearing, you need to ask the judge or master to incorporate but not merge that agreement into the divorce. This will enable you to enforce the agreement through the contempt powers of the court if your ex doesn't carry out his responsibilities.
An "oral agreement" is nothing in these situations. The minor expense you will incur in having this done legally and properly will pay huge dividends in the future, especially since you appear to have significant property interests.
Incidentally, if you're waiting for the court to schedule a hearing to finalize your divorce, you should know that the court won't do this unless you and your husband sign and file the "joint line" form you should have received from the clerk of the court. That form tells the court that there are no contested issues or child issues and the brief final hearing can be set. You will need a corroborating witness at that hearing as well, even though it's an uncontested divorce.
Finally, if your agreement involves a split of any employer-sponsored retirement plans, you will need a post-divorce order instructing the retirement plan administrator how to divide up the benefits.
Re: Uncontested, Absolute Divorce Complaint
A separation agreement is needed. You indicate that many, if not all, of the matters are resolved so this needs to be documented in accordance with Maryland law. I am available to provide you with this service.
I can also assist you where a transfer of property interests may be involved.
Contact me to discuss your legal needs.
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