What is an Order of Default in a Maryland Divorce?

If your spouse is missing or refuses to participate in a divorce action that you have commenced, you may be wondering whether it is possible to legally end your marriage. Importantly, the courts have a remedy for such scenarios. Under Maryland law, an order of default may be issued if a spouse is properly served with a summons and complaint but fails to respond. In these cases, a judge would grant the divorce and may grant the relief requested if the respondent spouse ignored the divorce papers or could not be found.

What is an Order of Default?

An order of default allows a spouse to obtain a divorce (or other relief) if they have complied with the service of process requirements and the respondent spouse does not file an answer. In Maryland, a spouse typically has 30 days to respond to divorce papers if they were served within the state, 60 days if they were served in another state, and 90 days if service of process was effectuated outside the United States.

In a Maryland divorce case, there are several scenarios in which an order of default may be used, including the following:

• Missing spouse — Just because a spouse seeking a divorce cannot locate the whereabouts of the other does not mean they cannot obtain a divorce. If a spouse does not know where the other is to serve them divorce papers, they must show proof that they conducted a diligent search to locate them. The court may allow alternate service by publication in these cases. Once served, if the missing spouse fails to file a responsive pleading, you can file a Request for Order of Default. If the Court enters an order of default, the case can proceed despite the missing spouse.
• Unresponsive spouse — In the event a spouse was personally served with divorce papers (or served by alternate service) but ignores the filing or fails to respond within the applicable amount of time, a judge may allow the case to proceed without the involvement of the non-responding spouse.
• Absent spouse — An order of default may be issued in cases where a spouse fails to appear without good reason and has been properly notified of the proceedings.

If a spouse does not respond to the divorce papers, the petitioning spouse would still need to put on evidence and testimony to receive the relief they asked for in the complaint. There would be a default hearing where the Court would consider your testimony and evidence presented. Even on a default basis, the Court can make an award of property division, alimony, child custody, child support, and other remedies. However, there are certain situations in which a default would not apply, such as if a spouse was on active duty in the military.

What Happens if the Missing Spouse Appears After an Order of Default Was Issued?

After an order of default has been granted, it must be served on the missing spouse. If the spouse still fails to appear, the court would schedule a default hearing in the case. At the hearing, the judge would ask the petitioning spouse for information about marital property, child custody matters, and any other issues before the Court. A judgment would then be rendered, which would be binding on both parties — including the spouse who failed to appear.

In some cases, a missing spouse may reappear after an order of default has been issued. If the spouse who failed to appear can show good cause for their unresponsiveness or absence, they may file a motion to vacate. This asks the court to set aside the order so that the missing spouse or spouse that failed to respond may be able to present their arguments. A motion to vacate must usually be filed within 30 days from the date the default order was issued.

If the spouse who obtained the default judgment disagrees with the missing spouse’s reason for absence, they can file an opposition to request that the default be vacated. However, it should be noted that courts routinely vacate default orders that concern child custody and visitation issues.

What are the Pros and Cons of a Default Divorce?

There can be a few advantages to default divorce if it is the only option for the petitioning spouse. Significantly, an order of default can simplify the divorce process and save a substantial amount of money that might otherwise be spent on lengthy litigation. In addition, spouses would not be required to file the detailed financial information that is necessary to disclose in litigation.

Nevertheless, there are risks involved for a defaulting spouse. From the division of marital assets, allocation of debts, and child custody matters, divorce can have a major impact. It’s always best for a spouse to respond to divorce papers to ensure their rights and financial interests are protected. A spouse who does not answer effectively gives up their right to have a say in the divorce — and they would be held responsible for complying with the order the judge issued.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you have questions about obtaining an order of default in your divorce case, it’s essential to have an experienced divorce attorney who can help you navigate the process. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are dedicated to providing you with the guidance you need and will walk with you every step of the way through the divorce process. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will help you achieve a positive outcome for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.