Legal Question in Family Law in Maryland
Uncontested Divorce
It is my understanding that I can file for a divorce myself without the help of an attorney as long as the divorce is uncontested, which it will be. I would like to know more about obtaining the divorce in where I will be divorced, but until my ex-husband files for a divorce or pays for his divorce, he is still legally married. I don't want to have to pay for us both basically.
2 Answers from Attorneys
Re: Uncontested Divorce
Contact the clerk of the court of your county of residence for information.
Often the "grounds" for divorce are uncontested but this alone does not mean you do not need an attorney.
All too often I hear complaints from people who get a divorce without an attorney and they say, "Dang, I did not know
I was entitled to that" or "If I had only known". The grounds for the divorce may not be contested, property settlement and other matters often are.
And, your estranged spouse is most often not going to offer any information as to your rights or what you may be entitled to. More importantly, your rights may not be protected
in the event that your estanged spouse conceals assets or otherwise presents less than accurate information.
The choice is yours. In the era of internet information, it is all to easy to think you are an expert by accessing some "website" for general information.
Nothing can replace the value of service from a compentent attorney that works specifically for you. Attorney's fees, just like mechancic's fees, are not free but they are not always as high as the general public thinks.
The choice is yours. Good luck.
Re: Uncontested Divorce
You can file for a divorce without an attorney. The circuit court clerk in your area can give you simple forms which you can fill out to file. There will be a filing fee unless you can prove that you are indigent. Even if the divorce is wanted by both you and your husband and is uncontested, you will need to have valid grounds, which include adultery on the part of your husband, a separation of over two years, or a separation by mutual agreement lasting one year. I would not advise representing yourself, without the advice of an attorney, unless both you and your husband have no assets or you have worked out an agreement about assets, including such things as retirement accounts and pensions, bank accounts, automobiles and other personal poperty. You referred to your "ex-husband," but it is important to know that he is still your husband until you are divorced. And if you do obtain a divorce without a lawyer, or with one, your husband will also be divorced without you paying any cost of his. I may have misunderstood your comments, but if you believe your husband would still be legally married after you get a divorce, that is not so.